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The Daily Aljian Difference: Defense Informed by Plaintiff Strategy
Most defense-only firms view cases through a singular, often rigid, lens. They respond to discovery, file standard motions, and wait for the plaintiff to move. Daily Aljian breaks that mold. We use our experience in plaintiff-side litigation to stay three steps ahead of the opposition.
- Identifying the “Engine” of the Case: We know that many employment lawsuits are driven not by the individual claimant, but by the “penalties engine” of the Labor Code. We identify these technical drivers early and move to decouple them from the underlying facts of the case.
- Aggressive “Early Case Assessment” (ECA): We don’t believe in billing hours for the sake of billing. Within the first weeks of an engagement, we provide our clients with a “Red Team” analysis—telling you exactly how a savvy plaintiff’s attorney will attack your policies so we can shore up the defense before depositions begin.
- Neutralizing Emotional Narratives: Employment cases are often high-emotion affairs. We specialize in stripping away the rhetoric and refocusing the litigation on documentary evidence, objective performance data, and the strict requirements of California law.
Our Core Practice Areas for Employer Defense
California’s Labor Code is a sprawling, 3,000-section minefield. Daily Aljian provides sophisticated defense across every major category of employment litigation.
PAGA & Class Action Defense
The Private Attorneys General Act (PAGA) has historically been the “death penalty” for California businesses, allowing a single employee to sue on behalf of the entire workforce. However, the 2024 PAGA Reform Act and the 2026 LWDA Implementing Regulations have introduced new, technical avenues for defense.
We help employers navigate the new “Standing” requirements, which now require the representative plaintiff to have personally experienced every violation they allege. We also lead our clients through the “Cure” and “Proactive Compliance” provisions. If an employer can demonstrate they took “all reasonable steps” to comply with the Labor Code prior to receiving a PAGA notice, penalties can be capped at 15%. If they cure the violation after the notice, they can cap them at 30%. Daily Aljian is at the forefront of these new defense maneuvers, ensuring our clients aren’t paying for systemic errors that have already been addressed.
Wage and Hour Litigation: Defeating “Technical” Violations
California’s wage and hour laws are notoriously pedantic. We defend employers against the “Big Three” of California wage claims:
- Meal and Rest Break Premiums: Defending against claims that breaks were “discouraged” or “interrupted,” utilizing time-record analysis to show a pattern of compliance.
- Regular Rate of Pay (RROP) Calculations: Calculating overtime when an employee receives bonuses or commissions is a frequent source of error. We work with forensic accountants to prove that your “regular rate” calculations were mathematically sound.
- Wage Statement Compliance (Labor Code § 226): We defend against claims of “knowing and intentional” failure to provide accurate paystubs, focusing on the lack of injury to the employee to defeat statutory penalties.
Wrongful Termination & The “At-Will” Defense
While California is an “at-will” state, that designation is frequently challenged by claims of “Public Policy” violations or “Implied Contracts.” We defend companies against allegations that a termination was a pretext for discrimination or retaliation. Our strategy focuses on the “Same-Actor Inference” and the McDonnell Douglas burden-shifting framework, forcing the plaintiff to prove that the “true” reason for their departure was illegal, rather than performance-based.
FEHA Defense: Discrimination, Harassment, and Failure to Accommodate
Claims under the Fair Employment and Housing Act (FEHA) are among the most sensitive an employer can face. We represent businesses in matters involving:
- Disability Accommodation: Defending the “Interactive Process” and proving that a requested accommodation would have created an “undue hardship.”
- Hostile Work Environment: Utilizing the Faragher-Ellerth defense to show that the company took reasonable steps to prevent and correct harassing behavior, and that the employee failed to take advantage of those internal reporting mechanisms.
