Building and Attacking Wage & Hour Exposure in Mediation: Both Sides of the Model

Both Sides of the Model: Building and Attacking Wage & Hour Exposure in Mediation
This webinar puts defense counsel, plaintiff's counsel / mediator, and a wage and hour damages expert on opposite sides of the arguments that decide value in wage and hour class and PAGA mediations. The panel will work through how each side builds and attacks the assumptions behind an exposure model, including for claims the data cannot readily prove, and how disputes over time records, regular rate, and derivative penalties shift the numbers. On settlement, the discussion covers current valuation techniques, discounting exposure, the practical effect of PAGA reform on negotiations, and how arbitration and other procedural leverage factor into a deal. The panel will also address strategies for structuring a settlement when the parties are close but not there and include a discussion on the use or non-use of AI in your practice. Attendees will leave understanding how these arguments are built, where they break down, and what gets both sides to a settlement number.

Welcome & Overview

• Building and challenging wage-and-hour exposure models from the perspectives of plaintiff’s counsel, defense counsel, the mediator, and the damages expert.
• Valuing claims when available data is incomplete or cannot readily establish liability, including disputes involving time records, regular rate calculations, and derivative penalties.
• Current settlement valuation techniques, including discounting exposure and assessing the practical impact of PAGA reform on mediation and negotiations.
• Using arbitration and other procedural leverage to influence settlement value, and strategies for bridging the gap when the parties are close but have not reached agreement.
• The role of AI—and decisions about when not to use it—in wage-and-hour litigation, damages analysis, mediation preparation, and legal practice.

Faculty

Nick Briscoe is Chief Economist at Briscoe Economics Group, Inc., where he provides economic analysis, valuation consulting, and expert witness services, with extensive experience analyzing damages and exposure in wage-and-hour class and PAGA matters. He also teaches at the UC Davis Graduate School of Management.

Tim Nelson is a Partner and Wage and Hour Practice Group Leader at Medina McKelvey LLP. He focuses on employment defense, wage-and-hour class and collective actions, PAGA representative actions, and complex litigation, with substantial experience evaluating exposure and developing strategies for resolving wage-and-hour disputes.

Tim Del Castillo is the founder of Castle Law: California Employment Counsel and an experienced wage-and-hour mediator. Having represented both employees and employers in complex employment disputes, including class and PAGA actions, he brings a perspective informed by both sides of the bar to mediation and settlement negotiations.

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