Calculating Damages, Exposure & PAGA Penalties for Mediation/Settlement in Wage and Hour Class and Representative Actions

You are Plaintiff or Defense counsel in a wage and hour class action case with a PAGA claim.  You have agreed to attend private mediation.  You have thousands if not hundreds of thousands of rows of time punch data, payroll data and a class list.  Does this describe your case?  Then, this webinar is for you.

Calculating wage and hour damages, PAGA penalties and exposure is a challenging endeavor. In this webinar, you will hear the viewpoints from three panelists regarding making wage and hour damages calculations, exposure estimates and valuing a case with an emphasis on mediation.  In particular, the program will cover PAGA penalties, meal and rest break violations, regular rate calculations, off-the-clock work, rounding, derivative penalties, preparing exposure models for mediation, class action settlement strategies, and valuing a case for settlement. These issues will be discussed from both the defense and plaintiff’s counsel’s perspective, as well as from the perspective of a wage and hour damages economist expert.  Understanding the basis of damages and exposure calculations and the differences when preparing calculations for mediation can make the difference between a successful mediation or prolonged litigation.

Faculty

Nick Briscoe, Chief Economist at Briscoe Economics Group, Inc.
Tim Nelson, Partner at Medina McKelvey LLP
Tim Del Castillo, Managing Partner at Castle Law

Nicholas Briscoe, MS, CVA, CFE, CEA is Chief Economist at Briscoe Economics Group, Inc.  He provides valuation and analytical consulting services as well as expert witness testimony to attorneys, corporations, insurance companies and governmental agencies. Mr. Briscoe’s practice includes the assessment of economic issues and data analysis related to state-specific and FLSA wage and hour matters including overtime pay, misclassification, regular rate of pay, off-the-clock work, meal and rest break violations, rounding, PAGA penalties and more.  He has extensive wage & hour experience assisting attorneys and their clients throughout the entire mediation process and is a leading expert in valuing wage and hour class action cases at mediation/settlement. In addition, Mr. Briscoe teaches at the University of California, Davis, Graduate School of Management, as part of their adjunct faculty.

Tim Nelson is a Partner at Medina McKelvey LLP. has been practicing law in California for over 15 years with an emphasis on employment law, class and representative actions, and complex litigation. Before joining Medina McKelvey, he worked at two prominent national law firms, Kaye Scholer LLP and Seyfarth Shaw LLP.

At Medina McKelvey he focuses on wage and hour class and collective actions, employment defense litigation, and representative actions brought under the Private Attorneys General Act (PAGA). He can quickly evaluate PAGA claims and provide guidance to employers on ways to efficiently defend, resolve, and prevent these actions.

Tim Del Castillo is the founder and Managing Partner of Castle Law: California Employment Counsel, PC. He practices employment law and represents employees and employers in federal and state courts, administrative hearings, arbitrations, mediations, and in direct negotiations. Tim has represented numerous Fortune 500 companies in high-stakes employment cases involving wage-and-hour class actions, PAGA cases, discrimination, harassment, retaliation, misclassification, claims for unpaid wages, violations of the California Labor Code, wrongful termination, and other employment-related claims.