Calculating Damages & PAGA Penalties for Wage and Hour Class Action Settlement

Valuing Wage & Hour Claims for Mediation: Class Damages, PAGA Penalties, Exposure, and Settlement Value

Program Description
If you're heading into mediation on a wage and hour class or representative PAGA action, this webinar is built for you. Plaintiff or defense counsel, you're likely sitting on a complex mix of time punch data, payroll records, and class member information—and you need to translate it all into credible exposure estimates and settlement value.

This program brings together experienced panelists from both sides of the aisle, along with a wage and hour damages expert, to break down how to model exposure and value these cases effectively for mediation.

Topics include:
• Meal break violations and time data
• Calculating damages for rest period violations, off-the-clock work, rounding, and wage statement violations
• PAGA penalties, including updates under the new “PAGA 2.0” rules and strategies for curing violations
• Handling derivative penalties and regular rate miscalculations
• Common industry-specific claim patterns and their impact on exposure
• Approaches to building mediation-ready exposure models and negotiating class settlements

Attendees will walk away with practical frameworks and insights that can guide damage modeling and case valuation—whether to settle with confidence or litigate with precision.

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.