Allegations of wage theft and unpaid overtime in San Diego and Southern California require a proven wage and hour defense attorney from the Watkins Firm. Unpaid overtime litigation and other wage and hour related lawsuits continue to be on the rise here in San Diego.
It is not unusual for a former employee to attempt to file a lawsuit or PAGA action (Private Attorneys General Act) through a plaintiff’s attorney alleging issues of unpaid overtime. The typical argument in these cases goes something like this:
“I was expected to work evenings and weekends from home on my own time. It was not possible to complete the work assigned to me in normal business hours, and our culture made it clear that I was expected to check my company email at night and on weekends and respond quickly to external customers and internal queries. I had access to company systems from home and often had to work many hours over 40 per week in order to complete my work and keep my job.”
Common allegations of wage theft include wages less than minimum wage, disputes over commissions, piece rate or split shift premiums, the failure to provide rest and meal breaks, unauthorized deductions from the paycheck, failure to provide timely access to payroll records and personnel files and issues regarding the timing of a final paycheck.
You Need a Proven Wage and Hour Defense Attorney When Facing a Wage Theft Dispute
Why do you need a proven wage and hour defense attorney when facing a wage theft dispute? What will a successful outcome look like in your case?
The first thing you need to know: there is an important time clock running and there are actions which must be taken in the next few (as in 2 to 3) weeks to protect your interests and substantially reduce the impact and expense of any wage and hour dispute. The failure to do so opens the door to extensive financial and legal exposure and a case which may have been resolved for a few hundred dollars becomes a six figure dispute.
The moment you learn about any potential dispute or you receive communication or written correspondence from an outside legal firm asking for payroll or personnel information on an employee you need to take immediate action and call an experienced and proven wage and hour defense attorney at the Watkins Firm for a free, substantive consultation at 858-535-1511.
It won’t cost you anything to discuss what has happened, evaluate your risks and in many cases begin to talk through the steps you can take to minimize your exposure or to resolve the matter altogether.
It may surprise you to learn that the experienced employer defense attorneys at the Watkins Firm are able to resolve the vast majority of these cases through effective, timely and leveraged negotiations. This is the fastest and least expensive strategy for resolving a wage and hour case or wage theft dispute.
The Best Defense Begins With a Good Offense
How can you reduce the risk of a wage and hour related dispute or lawsuit? Effective San Diego unpaid overtime wage and hour defense begins with sound policies and procedures and consistent documentation. The experienced, proven wage and hour defense attorneys at the Watkins Firm advise and protect our clients. All San Diego and Southern California employers should take preventative steps to carefully define, communicate, enforce and document payroll issues and overtime procedures in the workplace.
The first step is to review and update your company’s “policies and procedures” manual as well as the employee handbook. Clearly identify that overtime must be approved in writing, in advance of work by your direct supervisor. Without advance written authorization no overtime can be considered. Further communicate your company’s commitment to completing all work in a normal 40 hour work week. Provide ample opportunities for struggling employees to come forward and ask for assistance if they are unable to complete their work within the established hours.
Effective San Diego unpaid overtime defense is all about documentation and timely action to minimize the damages or remediate the situation altogether.
If you have been accused of unpaid overtime violations or any other wage and hour related matter we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.