The impact of the recent changes to overtime pay regulations (May 2016) and California’s New Fair Pay Act (2016) have brought substantial challenges to San Diego employers. New overtime laws may require electronic monitoring of employee access to email and work related systems and information as well as substantial changes to internal Policies and Procedures. Managers will need to implement consistent monitoring and communications regarding new overtime laws and how they will affect work at and away from your office or work environment.
In the past, exempt employees (and even many who were hourly conscientious employees) felt compelled to check company email and voice mail systems in the evening, on weekends, and even first thing in the morning upon waking. This allowed many employees and managers to do work in a manner that blended with their lifestyle, while putting extra effort into their work to ensure excellence in performance. New laws may require employers to take a second look at these practices in order to prevent unpaid overtime and other wage and hour related disputes and lawsuits.
Non-exempt employees who access corporate systems, email and voice mail after work hours are increasingly filing lawsuits against their employers and even former employers for unpaid overtime and other FLSA violations. California courts are known to side with the employee in these matters, and San Diego employers should carefully consider their exposure based upon new laws and recent litigation, and tighten internal policies and procedures.
The “lawyers for employers” at the Watkins Firm are committed to protecting our clients from disputes and litigation relating to new overtime laws and California’s New Fair Pay Act. We help our clients to reduce or eliminate exposure to employee-related disputes and FLSA lawsuits. We review our client’s policies, practices and procedures as well as all employment related contracts and handbooks to ensure compliance with new laws and federal regulations. Your business may need to tighten the enforcement of “off duty” policies regarding meal and rest breaks, and limit employee access to company systems, voice mail and email after work hours for non-exempt employees.
We invite you to contact us for a free consultation at 858-535-1511.
