Is it possible to reduce or eliminate overtime litigation and exposure to overtime disputes and lawsuits as a California employer? Yes, even though California seems to lean toward the side of employees, the Watkins Firm can help you as an employer to significantly reduce and even eliminate overtime disputes. Our experienced lawyers for employers help our clients by reviewing all existing policies, procedures, employment contracts, and even time cards. Overtime disputes often hinge on an employee assertion that the employer coerced them into unpaid overtime work. They will claim that it was impossible to do the work required within a 40 hour work week, and therefore unreported night and weekend hours were required.
The Watkins Firm helps our clients to close those doors before they ever start work. If there are gaps in existing policies and procedures or employment agreements, we help to fill in those gaps, and then ensure that proper training is implemented to ensure compliance. The key is to have a clear, crisp policy at it relates to overtime, and to ensure that the policy is clearly communicated at every step in the process:
- The Employment Contract
- Employee Handbook
- Company Policies and Procedures Manuals
- Time Cards
It is possible to reduce or eliminate overtime litigation and exposure to overtime disputes and lawsuits. One example of a clear policy would be the requirement to have any and all overtime approved in writing by a manager or officer of the company, prior to any overtime work to be performed. Policies should forbid non-exempt workers from doing any work related activities, or accessing work related systems after their shifts are completed. The Watkins Firm will work with you to implement a time card system that includes a statement by the employee “under penalty of perjury.” We work with our clients to legally structure the policies and procedures of the company, as well as the understanding and written compliance of the employees from the moment they begin interviewing to the moment of their departure as an employee.
It is possible to reduce or eliminate overtime litigation and to prevent allegations of unpaid overtime from surfacing or moving forward. Contact the San Diego employer defense attorneys at the Watkins Firm or call today for a free consultation at 858-535-1511 and plan a review of your business policies, procedures, contracts and documents. Close gaps in your strategy, and save valuable profit by eliminating exposure.