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

Building on the foundation from our first webinar and returning by popular demand, this session delivers practical insights and hands-on strategies for accurately calculating wage and hour damages, PAGA penalties, and overall exposure during mediation and settlement. Our expert panel—including defense and plaintiff counsel plus a wage and hour damages economist—will guide you through advanced, real-world techniques to quantify exposure, value your case effectively, and negotiate successful settlements.

In this follow-up session, we will also cover critical topics such as detailed PAGA penalty calculations, the effects of recent legal developments on damages, and tailored strategies for cases that are either unlikely to settle or on the verge of settlement. Attendees will gain actionable tools to confidently navigate the complexities of damages and penalties calculations, improving their ability to achieve favorable resolutions.

In this second round, we will discuss additional topics such as PAGA penalty calculations, the impact of recent wage and hour legal developments on damages calculations, strategies for cases that won't settle, and strategies for cases that are close to settling. This advanced knowledge will equip legal professionals with the tools necessary to more effectively navigate the complexities of wage and hour damages and penalties calculations and ultimately improve the chances of reaching a successful resolution.

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.