Is it possible for an employer to reduce exposure to unpaid overtime disputes and lawsuits effectively in San Diego?  The “lawyers for employers” at the Watkins Firm help our business clients to implement the policies, procedures, contracts and consistent practices required to prevent unpaid overtime disputes and lawsuits from arising, and winning disputes and lawsuits in the future.  What steps should a San Diego employer take to protect themselves?

There is also a risk of a PAGA action where employees actually take the role of Attorneys General on behalf of the State of California with incredible powers to expose additional liabilities.

It all begins with the employment contract and the employee handbook.  A well crafted employment contract clearly establishes expectations for the employee, and how they are to be paid, including overtime pay policies.  This is the first step to establishing a clear boundary to prevent allegations of intimidation or unpaid overtime.  Your policies and procedures and the employee handbook should clearly outline a policy requiring all overtime to be approved in advance and in writing by the employee’s direct supervisor.

Your policies must make it clear that their employment can and must be performed and fulfilled within normal work hours, and require them to refrain from using corporate resources such as email, texts, and employer provided phones after work hours are completed (for hourly non-exempt employees).  These policies should be clearly defined in the employee handbook, and reviewed with the employee at their orientation including the requirement for a signed acknowledgement of receipt of these guidelines.  Company managers should consistently communicate your policies, and immediately deal with unexpected variations or unapproved work.

It is possible to completely reduce exposure to unpaid overtime disputes and lawsuits in San Diego while preserving valuable company resources and profitability.  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.

Ask about changes to employee time cards, and the requirement to provide hours “under penalty of perjury.”  Documentation and consistent application and enforcement are the keys to winning unpaid overtime disputes in California.