Is there an effective and proven strategy of reducing or preventing wage and hour disputes in California with effective policies and procedures?  What is the impact of policies and procedures on wage and hour disputes and how does this reduce litigation and increase profitability?

Key Takeaways About Preventing Wage and Hour Disputes in California:

• Wage and hour litigation is one of the most common, and greatest genuine risks for any San Diego or California employer.
• One of the best strategies for preventing wage and hour disputes is the consistent updating of your policies and procedures as well as the practices of your company management team.
• There are several legal documents that work hand-in-hand to reduce employer exposure in wage and hour cases in our state.

Wage and Hour Litigation one of the Greatest Risks for a San Diego Employer

Wage and hour litigation is one of the greatest genuine risks for a San Diego or Southern California employer.  There has never been a point in time where San Diego employers have been exposed to a more rapidly changing landscape both in terms of changes to federal, state and local employment laws combined with a sharp increase in employee related litigation.

Wage and hour disputes including allegations of unpaid overtime have significantly increased over the past few years.  How can a San Diego employer protect themselves and prevent exposure and litigation?

Preventing Wage and Hour Disputes With Effective Policies and Procedures

One of the best strategies for preventing wage and hour disputes is the consistent updating of your policies and procedures as well as the practices of your company management team.  The proven employer defense team at the Watkins Firm help our customers to stay abreast of changing employment laws, while tightening internal documentation and practices to further reduce exposure to employee related disputes and lawsuits.  There are several legal documents that work hand-in-hand to reduce employer exposure including:

• Employment contracts
• Employee handbooks
• Policy and procedure manuals
• Disciplinary process and documentation manuals
• Time cards and time reporting format

Policy and procedure manuals are the core of any strategy for preventing wage and hour disputes in California.  The impact of employer policies and procedure manuals on wage and hour disputes cannot be overstated.  These cases are about documentation, and the consistent (and legal) application of federal, state and local employment laws by employers and company management.

This extends to all communications including emails and texts, as well as access to company systems after hours, and enforcement of break and meal time regulations.  The policies and procedures manual informs each step of the process, from hiring, training, and ongoing management, through disciplinary and termination activities.

Wage and Hour  PAGA Litigation is on the Rise

Wage and hour PAGA (Private Attorneys General Act) litigation has been on the rise for the past few years in San Diego and Southern California.  PAGA actions open the door to extensive and expensive litigation and exposure for San Diego employers.

Pro-Tip: “There are so many actions targeting employers.  Private attorneys General Act is another one of those things. It’s a law that allows attorneys, terrible plaintiff’s lawyers from the Dark side to file class actions more easily against employers. So if you’re a San Diego or California employer and you have a problem with one employee and their paycheck and they go to the wrong lawyer and he says, let’s file an action, not just on behalf of one employee but against all employees because this is a representation of how terrible this company treats all of its employees because they made a mistake on a paycheck.

They want that person to, in effect, step into the shoes of the attorney general and come after you in all sorts of painful (read: expensive) ways. There’s immense power to go after previous employees records, current employees. That opens the door to a lot of exposure. Fortunately, judges hate it.

So the good news is judges are sick of these. If you tell us as a California employer that you have a problem with this employee, we can look at it quickly and guide you in what to say and then diagnose any other problems you may have, and before anyone can turn it into a class action, you spend very little money, you’ve fixed a problem, and there’s nowhere for plaintiffs attorneys to go. You’ve shut a door.  We can definitely help to mitigate, if not remediate any exposure our clients have if they simply pick up the phone and call us to help.” – Dan Watkins, Founding Partner

Are you an employer who is interested in reducing and/or preventing wage and hour disputes?  Are you searching for ways for preventing wage and hour disputes in California, reducing your exposure to expensive and time-consuming employment and wage and hour litigation as well as PAGA lawsuits? What role does the consistent review and update process surrounding your policies and procedures and internal management practices play in reducing this genuine and persistent threat? We invite you to listen to our podcast Episode 26 – Wage and Hour Employer Updates for 2023 and Beyond, as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.

Meet Daniel Watkins:

Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through.  Dan enjoys digging into the facts and finding creative solutions to problems.  He contributes his insights candidly and constructively.

Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.

Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.

He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.

THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR

Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.

In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.