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Navigating PAGA: Strategies for Forensic Compliance & Defense

February 10, 2026 1:00:11

In this episode, we explore the transformative changes brought by the 2024 reforms to the Private Attorneys General Act (PAGA) and how employers can navigate this new landscape. We discuss the importance of proactive compliance strategies and the three key scenarios every employer must master to protect themselves from PAGA claims. • Overview of the PAGA reforms and their implications for employers • Scenario 1: The Preventative Shield (Pre-Claim) - Establishing reasonable steps to mitigate risks • Scenario 2: Response to Labor Violation Notification (Post-Notice) - Strategies for addressing violations • The role of forensic compliance systems in reducing liability [00:00] Intro [01:30] Overview of PAGA and its historical context [05:00] Discussion of the 2024 reforms [10:00] Scenario 1: The Preventative Shield [20:00] Establishing the "Reasonable Steps" Defense [30:00] The Proactive "Make Whole" Payment [40:00] Scenario 2: Response to Labor Violation Notification [50:00] Conclusion and key takeaways

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