A challenge to the new overtime law is no reason to ignore unpaid overtime risks to your San Diego business. The question of which pool of employees will be “exempt” versus “non-exempt” is a continuing concern as questions of law and political change swirl around the new FLSA regulations. However, one fact that has not changed: the number of unpaid overtime lawsuits filed in San Diego is exponentially increasing.
When former employees contact a plaintiffs employment lawyer here in San Diego and across California with concerns about wrongful termination or retaliation, one of the first questions they face is “How did your employer handle overtime?” The employees are then asked if they ever worked at night or over the weekend, and if they accessed your company systems such as voicemail, email and other applications. If the answer is “yes” they are simply asked “Did your employer pay you overtime for those hours?”
This is the issue we face as the defenders of employers in San Diego. The Watkins Firm does not represent employees. We protect San Diego employers. How do you close the door on unpaid overtime lawsuits and the Court’s predisposition to the employee’s point of view? You establish hard rules before you ever hire them, clearly train them and reinforce them during onboarding, ensure consist application of your company’s policies and procedures by all levels of management, and document every step of the way. The employer defense attorneys at the Watkins Firm also counsel our business clients regarding the addition of a declaration on each pay reporting document or time card that ensures the employee physically fills them out with their signature, under penalty of perjury, that the report contains any and all hours worked for that pay period.
Policies clearly communicated and consistently enforced, backed by documentation is the best protection against theses unpaid overtime scheme. The challenge to the new overtime law may not be resolved until next year, but unpaid overtime litigation is a “today” issue. We invite you to contact us for a free consult at 858-535-1511 and ask about our business general counsel services as well as all of the services we provide to protect San Diego employers.