Employer wage and hour disputes in San Diego have rapidly increased over the past several years. Rapid advancements in wage and hour laws require California employers to quickly catch up and come into compliance to avoid draconian penalties – financial setbacks that can totally disrupt your business, and in many cases bring it to a close.  What new threats are developing on the wage and hour front?

Unpaid Overtime and Other Wage-Related Disputes

San Diego courts (and California courts in general) have seen a rapid rise in the number of wage and hour lawsuits filed over the past 3 years. Many employer wage and hour disputes in San Diego relate to unpaid overtime allegations, often after an employee has left your company.  Even though they submit time cards and you think you have your bases covered, a long term employee appears before a judge and says something to the effect of “I was forced to work nights and weekends, just to keep my job.”  California courts tend to side with the employee, and these cases can become legal quagmires quickly.

Fast Proactive Action Can Substantially Reduce Risk and Financial Exposure

There are steps you can take to close the door on unpaid overtime cases and strengthen any potential wage and hour defense.  The key is to reach out to the Watkins Firm immediately upon learning a potential employee-related dispute is at hand.

There are also proactive steps employers can take to reduce the likelihood of and exposure(s) relating to a wage and hour dispute.  Updating employment agreements, company policies, employee handbooks and even modifications to time cards may be required to protect San Diego area employers.

Another wave of cases relate to the misclassification of independent contractors.  The IRS, and many California agencies are using a recent US Supreme Court case to audit California and San Diego businesses looking for independent contractors.  The designation no longer comes down to who has control over tools, work schedules and technology.  The Supreme Court case establishes a test of the “financial” relationship between the independent contractor and the company providing the work.

If the work of an independent contractor is focused upon your primary business activities or generates profit you’re your company you may be in jeopardy.  Other factors such as the investment of both parties in their respective businesses, the existence of professional licensing and complex work as well as the ability of the independent contractor to affect their own profit and loss have become part of the equation.

Attorneys With Over 35 Years of Experience in Defending Employer Wage and Hour Disputes in San Diego

All of these issues expose San Diego businesses to great risk and liability in employer wage and hour disputes in San Diego. We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.  Draw on our four decades of experience and proven strategies.  Together, we will develop a strategy to review your practices, documentation and manuals, as well as your exposure to potential liability.  If you are at the outset of an employee-related dispute we can take quick action to remedy the situation and resolve the matter while reducing your legal and financial exposure.