Are you searching for a law firm with extensive experience and a proven track record of success defending San Diego wage and hour violations? The number of wage and hour disputes and PAGA actions against employers in San Diego and Southern California has increased substantially each of the past 3 years.  The key to these cases is immediate action to remediate or mitigate exposure to take the incentive away from plaintiff’s attorneys to pursue the case.

A Look At the Numbers

According to the US Department of Labor (DOL) 70% of companies in the US violate wage and hour laws and the Fair Labor Standards Act (FLSA) in one way or another.  While the largest number of wage and hour violations under the FLSA are associated with minimum wage violations, more than 80% of the back wages assessed to employers by the DOL over the past 3 years related to overtime violations alone.

This would explain the 3-fold jump in the number of wage and hour lawsuits filed in California over the past few years.  The employer defense and business general counsel attorneys at the Watkins Firm can help to protect your company and reduce or eliminate your risk for a wage and hour dispute or lawsuit.

Here in California, workers file claims for nonpayment of wages, overtime or vacation pay under California Labor Code sections 96 and 98.  The Division of Labor Standards Enforcement (DLSE) “adjudicates” these claims on behalf of the employee and hold “informal conferences” between the employer and employee(s) in order to resolve the dispute.  There is nothing informal about these hearings and the goal is simple: get you to write a check.

If you have been contacted by the Labor Department or DLSE regarding a wage and hour violation you need the experience and proven defense provided by the Watkins Firm.  We establish the chronology of the case, organize the facts and information to mount a strong defense and represent you in Administrative Court when it is in your best interests to do so.

Defending San Diego Wage and Hour Violations

The Watkins Firm has more than four decades of experience defending San Diego wage and hour violations.  Employers should ensure these practices to avoid allegations of wage and hour violations:

• Workers are properly classified as exempt or nonexempt (eligible for overtime pay or not)
• Independent contractors are properly classified (many existing independent contractors or 1099 workers should actually be “employees” according to new guidelines resulting from a recent US Supreme Court Case.
• Workers receive proper payment for all overtime hours worked, as well as appropriate breaks, rest times and meals.
• Nonexempt workers do not have access to company systems after hours such as e-mail, voicemail and internal systems.  This prevents claims of “I had to work nights and weekends to complete my work and they never paid me the overtime.”  Company systems, sent e-mails and cell phone usage for company business after hours is easily proven in unpaid overtime lawsuits.
• Policies and procedures and employee handbooks are comprehensive, consistently applied and well documented
• Disciplinary actions including docking the pay of salaried employees and appropriate measures for those who work unauthorized overtime
• FMLA abuse is carefully documented and associated discipline is warranted and evenly applied
• Your employment practices and physical facilities are compliant with ADA laws and regulations

 

Employer Defense in Southern California and San Diego Wage and Hour Cases

The Watkins Firm have more than four decades of experience defending San Diego wage and hour violations and work to keep our clients ahead of the curve.  We provide advice and counsel regarding policies and procedures, employee handbooks, and all internal documentation and employee-related practices.

If the US Department of Labor is right and 70% of companies in the US violate wage and hour laws in one way or another then the majority of San Diego’s and Southern Califorina’s employers carry substantial risk.  Protect yourself.  We invite you to review our Podcast Episode 26- Wage and Hour Employer Updates for 2023 as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.