Meal and rest break violations, overtime and independent contractor misclassification, and Private Attorneys General Act (PAGA) claims are among the most common — and most expensive — legal risks facing California employers today, often exceeding the exposure of a typical wrongful termination claim.
Kron & Card LLP represents small business owners and entrepreneurs, centralized in Southern California, in building compliant wage and hour practices and in defending against wage claims, class actions, and PAGA notices when they arise.
We represent employers only — never employees — in wage and hour matters.
Companies hiring their first employees, or scaling past the point where informal pay practices are enough, and need compliant policies in place.
Businesses auditing existing pay practices, exempt classifications, and independent contractor relationships to identify and correct exposure before it becomes a claim.
Businesses that have received a wage claim, a demand letter, or a PAGA notice from the Labor and Workforce Development Agency, and need an immediate, strategic response.
California significantly overhauled PAGA in 2024, and the changes generally favor employers who act quickly and take compliance seriously. Understanding these changes is often the difference between a manageable resolution and a costly judgment.
Our wage and hour practice covers compliance counseling and defense across the issues employers face most often, including:
Policies, scheduling practices, and premium pay procedures designed to prevent and defend against missed-break claims.
Auditing exempt versus non-exempt classifications and correcting misclassification before it becomes a wage claim or class action.
Responding to PAGA notices, pursuing cure and compliance options under the 2024 reform, and defending PAGA litigation.
Reviewing itemized wage statements against Labor Code requirements to limit exposure for technical violations.
Evaluating worker classifications under California’s ABC test and structuring contractor relationships to withstand scrutiny.
Defending individual wage claims before the Labor Commissioner and class and representative actions in court.
Act quickly. Under the 2024 reform, employers with fewer than 100 employees have a limited window — generally 33 days — to submit a confidential proposal to cure the alleged violations, which can significantly reduce or resolve exposure before litigation begins. Missing that window forecloses one of your strongest options.
California law generally requires one additional hour of pay at the employee’s regular rate for each workday a compliant meal break is not provided, and a separate additional hour for each workday a compliant rest break is not provided — up to two extra hours of pay per employee per day. Multiplied across a workforce and a several-year period, these premiums add up quickly, which is why scheduling and break policies matter.
California generally applies the “ABC test,” which presumes a worker is an employee unless the business can show the worker is free from its control, performs work outside the business’s usual course, and is customarily engaged in an independently established trade. Misclassification can trigger unpaid overtime, missed break premiums, and PAGA exposure all at once.
Start with a compliant offer letter, an employee handbook covering meal and rest breaks, overtime, and timekeeping, and a clear process for classifying each new hire as exempt, non-exempt, or an independent contractor. Getting these foundations right early is far less costly than correcting course after a claim.
This page provides general information, not legal advice for any particular situation. Wage and hour rules and PAGA procedures change and depend heavily on the facts of each business. Contact us to discuss your circumstances.
