Can a former employee sue for unpaid overtime in San Diego? Unfortunately yes, and these lawsuits are significantly increasing in number. You thought you parted ways on good terms, and six months later you are served with a lawsuit claiming unpaid overtime violations and seeking significant damages.
We Have Documentation!
“But we have signed time cards. Isn’t that enough?”
Unfortunately not. California courts have sided with employees in too many cases who attempt to assert there was an atmosphere of implied expectations relating to work after hours and on weekends. They point to email records, and in many cases have very little documentation whatsoever.
How Can a Former Employee Sue for Unpaid Overtime in San Diego
How can a former employee sue for unpaid overtime in San Diego? Recently there has been a substantial increase in PAGA actions and wage and hour lawsuits by plaintiff’s attorneys. They are actively advertising for these workers as well as former employees who file for unemployment when they were classified as an independent contractor.
Common issues which form the basis of a wage and hour lawsuit or PAGA action include, but are not limited to:
Unpaid overtime or disputed overtime claims
Leave Disputes (sick, vacation, personal, holidays, jury duty, family)
Off-the-clock work violations
Minimum wage violations
Misclassification of employees
Misclassification of exempt workers
What is an employer supposed to do to ensure they are not faced with a lawsuit for unpaid overtime in San Diego?
Is There a Defense Against These Risks?
The past few years have brought a significant increase in these lawsuits against local employers. The Watkins Firm has more than four decades of employer defense experience and are working closely with our clients to ensure compliance with changing labor and wage and hour laws. The best actions you can take immediately are to issue a clear policy, backed by employee handbooks, policies and procedures manuals and the consistent application of management within your company forbidding overtime unless expressly approved in advance in writing by a supervisor. Many companies have begun to deny access to non-exempt employees after hours in an attempt to defend against unpaid overtime allegations.
The actual time card may require a signed statement at the bottom by the employee affirming that the hours represent a complete accounting free of intimidation under penalty of perjury. It may be necessary to modify employment contracts, policies and procedures and other related documentation, and to regularly reinforce the policy internally.
We are often asked the question ” How can a former employee sue for unpaid overtime in San Diego?” If you are concerned about unpaid overtime and all of the wage and hour issues facing San Diego employers 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. Learn how you can team with attorneys who have decades of experience and a proven track record serving businesses and employers throughout San Diego and Southern California.
