For California employers · 30 to 300 employees
Treating your people right is one job. Proving it is another.
Only the second one has a penalty attached. Kris Carmichael is a former workers' comp claims adjuster who has spent more than 30 years in employers' corner. She builds the record that protects you from PAGA claims, Cal/OSHA citations, and runaway comp costs, and she shows up in person when something goes wrong.
- ✓Payroll audits, with action on what they find
- ✓Written wage-and-hour policies, delivered to staff
- ✓Supervisor training on the Labor Code and wage orders
- ✓Corrective action, documented
PAGA after the 2024 reform · AB 2288 / SB 92
Two penalty caps. The cheaper one
expires the day a notice arrives.
California's 2024 PAGA reform lets an employer's penalties be capped if it can show reasonable steps to comply. When you take those steps decides which cap you can argue for.
Steps taken before
Reasonable steps in place before a PAGA notice or a personnel records request. This is the proactive path, and almost no one is building for it.
Steps taken after
Reasonable steps taken within 60 days after a notice. This is the path most employers find out about once they've been served.
| Employees | Uncapped | 30% cap | 15% cap |
|---|---|---|---|
| 50 | $130,000 | $39,000 | $19,500 |
| 100 | $260,000 | $78,000 | $39,000 |
| 200 | $520,000 | $156,000 | $78,000 |
| 300 | $780,000 | $234,000 | $117,000 |
Illustration only: one violation type, $100 default penalty, 26 biweekly pay periods, one-year lookback. Actual penalties depend on the violation, pay frequency, and the facts. A court decides whether a cap applies, based on the totality of the circumstances. There is no safe harbor, and the employer carries the burden of proof.
The flagship engagement
The 15% File
A documented, dated record of the reasonable steps the statute describes, built before anyone sends you a notice. Kris assembles it with you and keeps it current, and your employment counsel reviews it.
Audit and act
Periodic payroll audits, and a record of what you fixed afterward. An audit alone doesn't count.
Written and delivered
Lawful wage-and-hour policies in writing, with proof your people received them.
Trained
Supervisors trained on the Labor Code and the wage orders that apply to your industry.
Corrective action
When a supervisor gets it wrong, the correction is documented and dated.
The 15% File supports your claim to the lower cap. It does not guarantee one. Kris is not an attorney and does not give legal advice. She works alongside your employment counsel, and when a question is legal, she puts it in front of the lawyer.
Three risks, one advocate
The same weak spots
show up in all three.
A missed meal break, an unreported injury, and a claim reserve nobody challenged tend to come from the same gaps. Kris treats PAGA, Cal/OSHA, and workers' comp as one problem, because for your business they are.
PAGA
- The 15% File, built before any notice
- Exposure snapshot of pay stubs, meal and rest breaks, and policies
- Rapid triage when a notice or records demand arrives
- Document assembly for your employment counsel
Cal/OSHA
- 24/7 emergency and inspection response
- "First 60 Minutes" protocol for when an inspector arrives
- OSHA 300 log and injury-prevention program review
- Jobsite safety walks and crew training
Workers' comp
- X-mod review and correction
- Challenges to inflated claim reserves
- Return-to-work programs
- Catastrophic loss management on scene
Results for clients
What this looks like on paper.
A few outcomes from Kris's client work. Names are withheld; details are available in conversation.
Past results don't predict future outcomes. Every claim and inspection turns on its own facts.
Fit
Who Kris works with,
and who she doesn't.
A good fit
- Owner-operated California businesses, roughly 30 to 300 employees
- Construction, manufacturing, auto dealerships, and other hands-on trades
- Hourly workforces, several locations or crews, real injury exposure
- Owners who want a straight answer and will act on it
Not a fit
- Anyone looking for the cheapest quote and nothing else
- Businesses that want the paperwork without changing anything
- Companies already in litigation who need a lawyer, not a consultant (Kris can help you find one)
How an engagement starts
One conversation first.
Every engagement starts with The Read. If it finds no material exposure, you pay nothing, and Kris puts that in writing for your file.
The Read
A 45-minute conversation and a one-page written snapshot of where you're exposed across PAGA, Cal/OSHA, and comp.
The 15% File
The documented reasonable-steps record described above, sized to your headcount and number of locations.
Notice response
A notice or records demand just arrived. Kris triages it fast, organizes the documents, and brings in employment counsel. What to do now →
Standing advocate
Ongoing monthly support: keeping the file current, on-site response, claims advocacy, and supervisor training.
Free 45-minute exposure review
Call before the letter comes.
Forty-five minutes, no charge, and a written snapshot you keep either way. If something has already arrived in the mail, call today.
Already received a PAGA notice? The clock is running.
Work out your deadlines →