How to Defend Against a PAGA Claim in Los Angeles: Employer’s Legal Guide

If you’re a business owner in Los Angeles, chances are you’ve heard about California’s Private Attorneys General Act (PAGA). But if you’re now facing a PAGA claim, the stakes just got real. These lawsuits can lead to major financial penalties—even for minor technical violations of the Labor Code. In this article, we’ll break down how to defend against a PAGA claim in Los Angeles and what steps you can take to protect your business right now.

At Rupal Law, we’ve helped California employers reduce risk, fight back against unfair claims, and avoid costly litigation. This guide will give you the practical steps you need—and when to bring in experienced legal defense.

What Is a PAGA Claim?

PAGA allows employees to file lawsuits on behalf of the state against their employer for labor violations. Think of it like a “mini attorney general” law. Employees can go after civil penalties that would normally be handled by state agencies like the Labor Commissioner. These claims can include:

  • Unpaid wages

  • Missed meal or rest breaks

  • Inaccurate wage statements

  • Misclassified employees

  • Late final paychecks

The scary part? Even small, unintentional violations can add up to huge penalties.

And in Los Angeles, where large numbers of employers are facing increased scrutiny, these claims are becoming more common—especially in industries like retail, hospitality, construction, and healthcare.

Step 1: Don’t Ignore the Notice

Before a lawsuit is filed, the employee must send a PAGA notice to the employer and the California Labor and Workforce Development Agency (LWDA). This kicks off the process. The notice includes alleged Labor Code violations and gives the LWDA 65 days to decide if they’ll investigate.

If you receive a PAGA notice:

  • Don’t wait. Time is limited.

  • Review the allegations. Even if they seem small or vague, they could point to a bigger issue.

  • Contact a PAGA defense lawyer immediately. You need to prepare your response within the 65-day window.

Step 2: Conduct an Internal Audit

One of the strongest defense moves is to quickly audit your payroll and HR practices. This shows the court—and the opposing side—that you’re serious about compliance. Look for:

  • Overtime and wage payment accuracy

  • Meal/rest break tracking

  • Proper classification of exempt vs. non-exempt workers

  • Wage statement formatting

  • Final paycheck timeliness

If violations are found, take corrective action fast. Courts tend to be more lenient with employers who fix the issue and show good faith.

Step 3: Build a Strong Legal Defense

PAGA claims don’t go away easily. But they can be defended—especially with the right strategy.

Here are a few possible defenses we explore at Rupal Law:

  • Standing: Was the employee affected by the violations they’re claiming?

  • Scope of PAGA: Not all Labor Code violations fall under PAGA.

  • Manageability: Courts have limited class-like claims under PAGA due to the difficulty of managing large groups.

  • No Violation: Sometimes, the claims are simply inaccurate, based on misunderstanding of the law.

A detailed response, backed by documentation, is critical. Don’t assume a settlement is your only option.

Step 4: Consider Settlement—But Be Smart

Not every case needs to go to trial. In some situations, a well-negotiated settlement can protect your business and limit exposure. But don’t rush into it.

Work with your attorney to:

  • Evaluate the strength of the case

  • Estimate potential penalties

  • Weigh the cost of litigation vs. settlement

Settling without a defense plan is risky—you could signal to future employees (or plaintiff’s lawyers) that you’re an easy target.

Step 5: Prevent Future Claims

Whether you’re fighting a PAGA lawsuit or trying to avoid one, prevention is the best long-term defense. At Rupal Law, we help employers across California create strong compliance systems that reduce risk. This includes:

  • Customized employee handbooks

  • Regular payroll audits

  • Manager training on wage/hour laws

  • Proper classification policies

Los Angeles businesses are under a microscope. The more proactive you are, the safer your company will be.

Why Choose Rupal Law for PAGA Defense?

With decades of combined experience defending employers across California, Rupal Law understands how to approach PAGA claims with strategy, speed, and strength.

We’re not just here to help you react—we help you stay one step ahead. We know the courts, we know the claims, and we know how to fight back.

Contact Rupal Law Today to Learn How You Can Protect Your Los Angeles Business Against PAGA Claims

If you’ve received a PAGA notice or think your business may be at risk, don’t wait. The sooner you act, the stronger your defense can be.

Call Rupal Law today at (951) 460-0830 to schedule a confidential consultation.

We proudly serve Los Angeles and all of Southern California.

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