Many local employers are concerned about the increasing number of expensive plaintiff’s lawsuits and are searching for proven strategies for eliminating the risk of unpaid overtime litigation and other wage and hour issues in San Diego and Southern California.
Wage and Hour Lawsuits on the Rise
Wage and hour lawsuits are on the rise in San Diego and Southern California. Unpaid overtime and related wage and hour litigation and related PAGA actions represent one the greatest threats to many San Diego employers. What are the California overtime laws, and how can a San Diego employer ensure that they are in full compliance with federal, state and local statutes? The experienced employer defense attorneys at the Watkins Firm provide advice and counsel to our clients in all aspects of employment law including overtime and other important wage and hour issues.
The key to preventing unpaid overtime litigation in San Diego is to implement strict internal policies, procedures and overtime guidelines, and consistently apply and enforce them. It’s not enough to have a time card signed by your employees in California any longer. A recent spike in unpaid overtime litigation is stunning area employers. The classic scenario involves a valued employee who leaves to go to work for another company. The relationship ends well, and the employer is genuinely sad to see them go. Six months later a lawsuit is served, alleging that your valued employee felt “intimidated and expected to work nights and weekends in order to meet the requirements of their job.”
California courts tend to side with employees, even when they have no documentation of their own and employers have signed time cards documenting information to the contrary. If this is the case, what action can an employer take towards preventing unpaid overtime litigation in San Diego? The good news is there are several steps that can be taken to close loopholes and exposure for local employers. For example, strict policies regarding overtime should be enacted and these policies are to be communicated at all phases of employment, from the initial interview, to the employment contract and carried through to the employee handbook and all internal policy and procedure handbooks.
Consistent communications should reinforce these standards and ensure that all overtime is approved in advance and in writing. Interested in learning the specific strategies for preventing unpaid overtime litigation in San Diego? Begin the process by listening to our podcast Episode 26 – Wage and Hour Updates as well as the strong reviews of former clients and contact the Watkins Firm or placing a free call for a substantive consultation with our attorneys at 858-535-1511. We will discuss your unique employment environment, and the services and strategies we can provide to close your exposure to this form of liability and litigation.
