How do employment contracts prevent wage and hour litigation in San Diego and throughout California? How can our employee handbook, policies and procedures and the employment contract itself work together to facilitate a relationship of productivity and work success?
There has never been a higher number of employee related disputes clogging the San Diego Court docket. Wage and hour disputes and unpaid overtime litigation lawsuits have significantly increased over the past several years. The “lawyers for employers” at the Watkins Firm have extensive experience with these disputes, and this informs our work when crafting the type of employment contracts that will prevent future employment litigation cases.
A Good Defense Starts with a Good Offense
The prevention of litigation begins with a well designed business contract, and this is especially true with employment relationships. The employment contract should clearly establish the responsibilities of the employee, and the types of performance metrics that are expected in return for an opportunity of employment. Wage and hour, disciplinary and overtime issues that are clearly addressed in the employment agreement greatly increase the likelihood of success if we face the employee in litigation down the road.
Pro-Tip: “Talk to us the moment you think something may be wrong. Call for a free consultation at 858-535-1511. We can tell you quickly if there is an issue requiring your attention or not. If so, there are almost always actions you can immediately take that will substantially reduce your risk and liability, if not mitigate and remediate the issue altogether.
They’re afraid to call because they think we’re going to charge them some outrageous fee. But sometimes we have them come in and say, no, no, no, don’t pay us all this money. Pay the extra $3,000 in wages. Send out amended pay stubs before you even have to answer the complaint. And guess what? All of the causes of action that have attorney’s fees in them are gone. Nobody wants to sue them anymore because of that. So yeah, quick action allows us to do the right things that just destroy a plaintiff’s case in the beginning, and protect our clients from the huge bounties these plaintiffs’ attorneys are after.” – Dan Watkins, Founding Partner
Custom, Well-Crafted Employment Contracts Prevent Wage and Hour Litigation
The Watkins Firm has protected and defended San Diego employers for more than 40 years. We craft employer agreements that protect the rights of the employer, while establishing a legal and enforceable disciplinary process. This unique approach to employment contracts and associated documents lays the groundwork to prevent employees from manipulating the process and disrupting the “business needs” of their employer.
Employment contracts work hand-in-hand with the employee manual, company policies and procedures and the associated practices that are consistently applied by the management team. Our attorneys don’t create employment agreements from scratch. We take a similar, proven employment contract from our proprietary library of established, tested business contracts and modify it to meet your unique criteria. This saves you money while ensuring you have one of the best employment agreements for a California employer available.
Beware the A-B-C Test and the California Fair Pay Act
California employers need to be aware of the “A-B-C Test” as it applies to “independent contractors.” Employers need to understand the draconian laws of California as it relates to who qualifies to be an independent contractor and the huge fines and penalties for violating California’s employment laws.
While well crafted employment contracts prevent wage and hour litigation San Diego employers must also give consideration to the California Fair Pay Act, and its impact upon employment contracts, job titles, job descriptions and associated compensation. The “factors” that provide for pay differential include rewards for measurable performance, and this can be an excellent strategy for providing compensation for employees who do “essentially the same work” when one is outperforming their colleagues in terms of the quality and quantity of work accomplished. Performance incentives drive employees to strive for higher performance increasing their fulfillment at work and extending employee loyalty and work satisfaction.
The employment attorneys at the Watkins Firm fully understand that well crafted employment contracts prevent wage and hour litigation. We invite you to review our podcast Episode 39 – What Keeps Employers Up at Night as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
