Allegations of wage theft and unpaid overtime in San Diego or anywhere in the State of California require an experienced 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.
3 Key Reasons Why Allegations of Wage Theft by the California Labor Commission or a Plaintiff’s Attorney Requires an Experienced Wage and Hour Defense Attorney:
- 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.
- These actions can be brought by the California Labor Commissioner or through private plaintiff’s attorneys. Employers are often surprised by how fast a manageable issue can turn into a significant financial threat.
- We can tell you, quickly, whether there is something to be worried about or not, and what specific actions you can take. We can often provide alternatives that mitigate the damages you may face, or remediate the situation altogether!
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.
It is not unusual for a former or employee (or group of workers) 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.”
You Need An Experienced Wage and Hour Defense Attorney When Facing a Wage Theft Dispute
Allegations of Wage Theft Require an Experienced Wage and Hour Defense Attorney
Allegations of wage theft place employers in a legally exposed position almost immediately. These claims move quickly, carry statutory penalties, and often expand beyond the original dispute if they are not handled correctly from the outset. When payroll practices are questioned, the most important decision an employer can make is to engage an experienced wage and hour defense attorney before the matter escalates.
Employers are often surprised by how fast a manageable issue can turn into a significant financial threat. There is typically a short window—often measured in weeks, not months—during which early action can materially reduce exposure. Missed deadlines, incomplete responses, or informal communications can unintentionally widen the scope of a claim. What might have been resolved for a modest amount can quickly grow into a six-figure dispute once penalties, interest, attorneys’ fees, and potential class or representative claims are added.
What Should You Do the Moment You Become Aware of a Potential Dispute as an Employer?
The moment you become aware of a potential wage and hour issue, or you receive correspondence requesting payroll records, timekeeping data, or personnel files, the situation has likely already moved into a formal legal phase. At that point, internal explanations or assumptions are no longer enough. Employers need clear guidance on what must be produced, what should not be volunteered, and how to protect their position while complying with the law.
This is why it is important to contact the Watkins Firm for a free consultation at 858-535-1511. We can tell you, quickly, whether there is something to be worried about or not, and what specific actions you can take. We can often provide alternatives that mitigate the damages you may face, or remediate the situation altogether!
An experienced wage and hour defense attorney provides early, practical guidance that can materially change the trajectory of a claim, including the ability to:
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Evaluate legal and financial risk at the earliest stage of a wage and hour dispute
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Identify weaknesses in employee classification, payroll records, or timekeeping documentation
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Determine whether the matter can be resolved efficiently through negotiation rather than litigation
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Intervene promptly to prevent a developing dispute from hardening into a formal lawsuit
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Reduce overall cost and business disruption by pursuing early resolution strategies
Addressing these issues early is almost always less expensive—and far less disruptive—than defending a fully developed wage and hour claim.
It is important to understand that wage and hour claims are not decided solely on intent. Even well-meaning employers can face liability if policies are unclear, inconsistently applied, or poorly documented. Common issues include unpaid overtime allegations, misclassification claims, off-the-clock work, meal and rest break disputes, and record-keeping deficiencies. Each of these areas is governed by detailed statutory and regulatory requirements that leave little room for informal correction once a claim is filed.
The experienced employer defense attorneys at Watkins Firm routinely resolve wage and hour disputes through timely, strategic negotiations. This approach often limits costs, avoids public litigation, and allows employers to move forward without prolonged disruption to their operations. A successful outcome is rarely accidental; it is the result of early analysis, controlled communication, and informed strategy.
You Can Take Immediate Steps to Reduce the Risk of Future Wage and Hour Disputes here in San Diego, and Throughout the State of California
Reducing the risk of future wage and hour disputes begins long before a claim arises. The most effective defense is built on clear policies, consistent enforcement, and reliable documentation. Employers should regularly review their policies and procedures manuals and employee handbooks to ensure they accurately reflect current wage and hour requirements.
Preventive measures that often reduce exposure include:
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Clearly defining overtime eligibility and approval requirements
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Requiring written, advance authorization for overtime work
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Communicating expectations for completing work within a standard 40-hour workweek
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Providing employees with clear avenues to request assistance when workloads exceed available hours
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Consistently documenting timekeeping, payroll practices, and supervisory approvals
These steps not only reduce legal risk but also demonstrate good-faith compliance if a dispute arises. Courts, agencies, and opposing counsel closely examine whether employers took reasonable measures to comply with wage and hour laws before problems developed.
Allegations of wage theft are serious, but they are often manageable when addressed early and strategically. With guidance from an experienced wage and hour defense attorney, employers can protect their interests, limit unnecessary exposure, and resolve disputes before they become defining events for the business.
Pro-Tip: “There are class actions, PAGA wasn’t even heard of in 20 years ago. And now every seminar you hear about is on PAGA defense. There’s sexual harassment, used to be the young, the big game in town. And now you’ve got to check your paycheck stubs to make sure that they’re not spelled wrong or there’s a missed decibel point, or you’re going to get a class action lawsuit filed against you in, in a multitude of ways.
Obviously we have wage and hour disputes. Those are big. They’re everywhere. They’re big in California, they’re big nationally. Well, wage and hour and overtime are similar, but PAGA, a private attorney general claim against the employer is really heating up. There are law firms that just do plaintiff PAGA work, and they send out constant communications to every area of employee you can imagine. And if anyone’s thinking about leaving your employment, they’re going to be tempted to get a little severance pay involuntary.
And then misclassification of independent contractors. California keeps changing the law and the courts keep changing their interpretation of the California law. So yes, they do make it really hard to stay on top of that. Sexual harassment is always a scary thing because you can get sued for sexual harassment and lose, even though no one was actually harassed because you didn’t investigate it correctly or thoroughly. That’s a separate cause of action. Failing to investigate it according to the law, even if your investigation finds out that it was a false claim, which seems terrible, but it’s true. And then discrimination claims are always there. Retaliation again for somebody making a false claim. If you retaliate against them for lying about you and suing and lying about you, you’re still liable for retaliating against a liar. Again, terrible but true. And then general wrongful termination, how people are terminated and whether or not you comply, you can get stuck with 60 days of pay that you inadvertently didn’t know about.
The ones where you can get stuck for attorney’s fees are the ones you’re likely going to see in a lawsuit or a claim against you because the lawyers rarely go after the ones that are only break time, or only mischaracterization of how you write the paycheck. If it’s not something with an attorney’s fees clause, you’re not going to see it. So let’s, let’s talk about attorney’s fees clauses and common overtime issues.
In a wage and hour dispute, the remedy is often for us fix the wage in the problem if there is one. And we do that rather quickly because we get so many of them every day.
So, let’s say you are the plaintiff’s lawyer, and you’re suing my client. Well the minute my client knows something, he’s going to tell me. I’m going to look at whatever he or she may have been doing, I’m going to fix it. It’s usually like the remedy is to fix the way the paycheck’s written or calculated or the breaks or whatever, I’ll fix it. We’ll tell our clients to pay the employee the extra $500 before the lawyer can file a lawsuit. And so if there’s no breach at the time of the lawsuit, there’s no attorney’s fees and the plaintiff lawyer’s case goes away. He has no incentive to bring it!” – Dan Watkins, Founding Partner
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 our podcast Episode 39 – What Keeps Employers Up at Night as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Meet Daniel Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
