Are you searching for employer defense for a wage and hour lawsuit in San Diego or Southern California? Has a dispute with a current or former worker or group of employees come to your attention? Is one or more of them acting in a way that seems strange to you or like they are trying to set you up? If so, you need to take 5 minutes and call the Watkins Firm for a free consultation right away at 858-535-1511.
Employees who have gone to a plaintiff’s attorney begin to try to “build the file” and their communications are oddly worded (as their lawyer coaches them on how to create a damaging trail of documentation). We can tell you quickly if there is a genuine risk or if “that mole is not cancer!” (a quote from our founder Dan Watkins on a recent podcast episode 4 – Risk and Guidance for California Employers).
The good news is the employer defense for a wage and hour lawsuit attorneys at the Watkins Firm have more than 40 years of experience protecting and defending San Diego area employers. There are quite often a few simple steps you can and should take immediately to mitigate or entirely resolve a brewing dispute or lawsuit for pennies on the dollar. There is a “secret clock” associated with a developing dispute and the failure to take action in those first few weeks can be the difference between a few hundred dollars and a six-figure lawsuit. Make the call. It won’t cost you anything and will most likely help you to put things to rest quickly and efficiently.
Sources of Wage and Hour Disputes
Wage and hour disputes are one of the most common challenges for any San Diego employer. These disputes can quickly develop from a minor dispute over a seemingly small amount of money into a full blown class action lawsuit or Private Attorneys General Act or PAGA action exposing your business to substantial financial risk.
The primary sources of wage and hour disputes include allegations of unpaid overtime, the misclassification of employees as independent contractors, unpaid wages, commission or bonus disputes, failure to pay minimum wage, violations associated with tipped workers, meal and rest break disputes, as well as issues associated with the format or lack of required information in a paycheck.
The Risks Associated with a Wage and Hour Dispute
What are the risks associated with a wage and hour dispute? The number of wage and hour disputes and lawsuits and associated PAGA actions has significantly increased over the past few years. Federal, state and local agencies are looking for additional ways to catch San Diego employers and collect back taxes. The burden of paying back wages for allegations of unpaid overtime combined with penalties and interest, back payroll taxes, unpaid unemployment insurance and workers’ compensation, FICA, benefits and other costs are unmanageable for many San Diego companies. When plaintiff’s attorneys can turn a minor skirmish or challenge into a full blown lawsuit the risk expands to include tens or hundreds of thousands of dollars in attorneys fees. You can put a stop to this right now.
How Real is the Risk of a Wage and Hour Lawsuit for a San Diego Employer?
The risk is genuine, immediate and growing. There have been many recent significant changes to federal, state and local wage and hour laws – especially in the area of unpaid overtime and employee misclassification. One of the targets focuses on the relationship between employers and independent contractors. If a federal or state agency can successfully argue that employees are misclassified, it opens the door for substantial civil penalties (up to $25,000 per incidence in California) as well as all back employer-related payroll taxes, FICA, unpaid overtime, bonuses, compensation for benefits they would have received as an “employee” and any other penalty or interest expense that the agencies can tack on.
The California Private Attorneys General Act (PAGA) creates additional risk for employers as it empowers employees to be compensated for working with plaintiff’s attorneys to generate class action lawsuits against their employers. This easily opens the door to expand any dispute to include other current and even former employees. PAGA actions provide virtually unlimited power to investigate records and files and you need an experienced, proven employer defense for a wage and hour lawsuit in San Diego at the Watkins Firm to put a stop to all of it.
40 Years of Experience in Employer Defense for a Wage and Hour Lawsuit in San Diego
If you are a Southern California employer you need attorneys with more than 40 years of experience in employer defense for a wage and hour lawsuit in San Diego. These disputes and lawsuits are about creating additional revenue sources for plaintiff’s attorneys, the federal government and the State of California, and unfortunately San Diego employers are the targets to pay that bill.
How can a San Diego employer reduce the risk of wage and hour violations and disputes, overtime litigation and implement a strategy to protect against wage and hour related exposures? The “lawyers for employers” at the Watkins Firm have more than four decades of experience and a proven track record of success in employer defense, and are working with our business clients to update all internal documentation such as policies and procedures, disciplinary documentation and management training, as well as employee handbooks and employment contracts.
It is possible to develop and implement strategies of wage and hour defense for San Diego employers to reduce or outright eliminate the risk of overtime litigation, and exposure to changing wage and hour laws and PAGA exposure here in San Diego and across California. We invite you to review our recent podcast Episode 4 – Risks and Guidance for CA Employers as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a substantive free consultation today.
