San Diego Employment Defense Attorneys
The employment landscape has substantially changed in the past few months, and it is imperative for San Diego area employers to stay in compliance with Federal, State and local employment laws, wage and hour, and employee classification issues. Many employment disputes arise from wage related issues such as:
- Overtime compensation
- Fair Pay Act
- Straight Commission (minimum hourly compensation)
- Minimum Wage
Exceeding 40 hours in a work week may not immediately trigger overtime calculations. What strategic decisions regarding seasonal employment, independent contractors or temporary workers affect these calculations and the impact this will have on your bottom line? The Watkins Firm helps employers to understand the complexities of employment laws, regulatory compliance and wage and hour issues to protect their businesses while reducing or eliminating potential exposure to employment related litigation.
Independent Contractor or Employee?
The large portion of employment related litigation arises from disputes related to wage and hour issues, as well as the classification of employees. Is a worker an “employee” or an “independent contractor”? For many years employers used measures such as the provision of tools and equipment, scheduling, and control over the work to be performed in these calculations.
A recent US Supreme Court case or ruling(?) has completely changed the landscape of these issues for US employers. In layman’s terms, the Court has ruled that the “economic relationship” of the worker has as much or more to do with their classification as an independent contractor or employee. The IRS and California’s tax agencies have significantly increased employment audits that focus on this central question. Are you prepared for the changes that may be required to become compliant with employment associated laws and policies?
Hourly Wage Related Issues
While the minimum wage in California was recently increased to $10 per hour, the minimum wage in San Diego is $10.50 per hour. Employers must come into compliance with regulations regarding breaks and meals, and review issues such as a “complete relief of duties” during breaks and meals, especially as it relates to the payment of wages and overtime calculations.
National restaurant chains have changed compensation policies, and the elimination of tips. Local businesses are considering these strategies, and the Watkins Firm provides insight and counsel to our clients regarding “best practices” and the legal implications of employment related questions.
Contact Experienced Employer Wage and Hour and Employment Law Attorneys Serving the San Diego Region
It is time to reconsider the impact of recent changes in the law, the aggressive tactics of the IRS and California tax agencies and how they impact the employment policies of your company. We invite you to contact the experienced employer legal counselors at the Watkins Firm for a substantive and complimentary consultation at 858-535-1511. We will establish a process to review your present employment and wage related practices, and work to bring you into compliance while reducing your vulnerability to employment related litigation.