PAGA: Practical Tips for Dealing With California's Insane Law
CAHR20 | Presented by Miranda A. Mossavar & Michael Kibbe
Three key take aways from this session:
- Why should I care about PAGA?
- How to respond to PAGA complaints?
- How to mitigate PAGA liability after complaints are filed?
Credit Information
1.0 California-specific Credit, 1.0 SHRM PDC
Description
PAGA: Practical Tips for Dealing With California's Insane Law
Presented by Miranda A. Mossavar, Associate, Littler & Michael Kibbe, Associate, Littler
Education Track: California Employment Law
Learning Level: Applied
Eligible for 1.0 California-specific Credit
Miranda A. Mossavar serves as lead associate in all aspects of wage and hour class actions (70% of practice) including fact investigation, electronic and other data collection, case evaluation and strategy, damages assessment, oversight of blitz interviews, and management of all aspects of discovery.
Her wage and hour experience includes California Equal Pay Act cases, PAGA actions, regular rate claims, pay per visit, meal and rest break claims, donning and doffing, independent contractor cases, and misclassification cases.
In her practice, she will regularly:
Independently handle defense of single plaintiff litigation involving disability, sex, and national origin discrimination, retaliation, including drafting and taking plaintiff and expert depositions and preparing company witnesses for and defending their depositionsIndependently draft position statements and represent employers in state audits, DLSE mediations and hearings, EEOC investigations, and prevailing wage disputes before the DIRInvestigate and evaluate administrative agency charges, advise clients regarding potential exposure, prepare witnesses for hearings, conduct direct and cross examination of witnesses, present arguments, and negotiate and draft settlement agreementsCounsel employers on a broad range of issues including exempt classification of employees, pay per visit models, meal and rest break requirements, reimbursements, performance improvement processes and terminationsAdvise on and draft employment-related documentation and policies including, offer letters, settlement agreements, and employment handbooksPresent training to supervisors on the prevention of discrimination, harassment, and retaliation as well as compliance with California wage and hour lawMiranda works with clients across a variety of industries including, but not limited to, healthcare, start-ups, staffing, retail, manufacturing, and transportation.
During law school, Miranda served as a judicial extern to the Hon. Gary A. Feess of the United States District Court for the Central District of California. She also served as an editor of the Loyola of Los Angeles Law Review.
Learning Level: Applied
Eligible for 1.0 California-specific Credit
This session will provide an overview of the Private Attorney’s General Act (PAGA) and the best practices for handling PAGA cases at all stages of litigation.
Topics discussed include:
Topics discussed include:
- Responding to a LWDA letter,
- Responding to a PAGA-Only complaint
- Settlement of PAGA Actions
- Discovery
- Dispositive Motions
- Trial
- PAGA Remedies & Penalties
Three key take aways from this session:
- Why should I care about PAGA?
- How to respond to PAGA complaints?
- How to mitigate PAGA liability after complaints are filed?
About Miranda A. Mossavar:
Miranda A. Mossavar serves as lead associate in all aspects of wage and hour class actions (70% of practice) including fact investigation, electronic and other data collection, case evaluation and strategy, damages assessment, oversight of blitz interviews, and management of all aspects of discovery.Her wage and hour experience includes California Equal Pay Act cases, PAGA actions, regular rate claims, pay per visit, meal and rest break claims, donning and doffing, independent contractor cases, and misclassification cases.
In her practice, she will regularly:
Independently handle defense of single plaintiff litigation involving disability, sex, and national origin discrimination, retaliation, including drafting and taking plaintiff and expert depositions and preparing company witnesses for and defending their depositionsIndependently draft position statements and represent employers in state audits, DLSE mediations and hearings, EEOC investigations, and prevailing wage disputes before the DIRInvestigate and evaluate administrative agency charges, advise clients regarding potential exposure, prepare witnesses for hearings, conduct direct and cross examination of witnesses, present arguments, and negotiate and draft settlement agreementsCounsel employers on a broad range of issues including exempt classification of employees, pay per visit models, meal and rest break requirements, reimbursements, performance improvement processes and terminationsAdvise on and draft employment-related documentation and policies including, offer letters, settlement agreements, and employment handbooksPresent training to supervisors on the prevention of discrimination, harassment, and retaliation as well as compliance with California wage and hour lawMiranda works with clients across a variety of industries including, but not limited to, healthcare, start-ups, staffing, retail, manufacturing, and transportation.
During law school, Miranda served as a judicial extern to the Hon. Gary A. Feess of the United States District Court for the Central District of California. She also served as an editor of the Loyola of Los Angeles Law Review.
About Michael Kibbe:
Michael Kibbe advises a wide range of clients on employment related matters involving compliance with federal and state laws and best employment practices.Before joining Littler, Michael handled employment and business litigation matters at a boutique trial firm for both individuals and businesses, where he gained extensive litigation experience and handled all aspects of litigation from case inception through trial. He represented military service members, private individuals, small and midsized businesses and large national corporations. Michael has defended clients nationwide and internationally on a wide scope of matters including employment law, wage and hour law, Uniformed Services Employment and Reemployment Rights Act (USERRA), unfair competition, fraud, defamation, trade secret litigation and business litigation, among others.
Prior to beginning private practice, Michael served in the U.S. Marine Corps as a judge advocate where he defended over 90 service members facing federal prosecution, including nine jury trials by way of courts martial. These cases involved crimes ranging from sexual assaults, child abuse, the distribution of narcotics, criminal assault, drug possession and use, and larceny. He continues to serve as a judge advocate for the 1st Civil Affairs Group in the Marine Corps Reserves.
Representative litigation and trial successes include:
Represented through acquittal a service member who faced life without the possibility of paroleRepresented through acquittal three separate service members charged with possession and use of controlled substancesRepresented through acquittal a service member charged with multiple sexual assaults involving three separate individualsObtained summary adjudication in employment law case for a large institutional clientQuashed service of summons on behalf of multiple corporate officers of a national corporation, which effectively dismissed each officer as a named defendant in the lawsuitSuccessfully dismissed all claims against a large institutional client through a demurrerSecured a dismissal of all claims against a national corporation through terminating sanctionsRecovered over $10,000 in sanctions on behalf of international clients against a national corporation and its attorney for their abuse of the discovery processDrafted an appellate brief that resulted in a published opinion from the 9th Circuit Court of Appeals, which expanded the ability for public employees’ in California to bring claims against public entites pursuant to 42 U.S.C. 1981
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