A recent article in the Union Tribune highlights a concern the Watkins Firm has been communicating to its business and clients who are San Diego employers: The California Labor Commissioner’s office is restructuring resources and data systems to enforce new employment laws. The article claimed of the 6,533 claims reviewed for the article, only 30% of the workers had received proper compensation. The headline claimed San Diego employers owe $2 Million in back pay to current and former employees.
At issue are wage and hour laws that require San Diego employers to pay at least minimum wage for hours worked, including time and one-half for overtime hours. Complaints also centered on rest and meal breaks and employees who claimed to be forced to work through them. This is a constant theme for the State Labor Commissioner as well as the US Department of Labor (DOL) employment auditors. They are empowered by recent California laws that allow San Diego employers to be held personally liable for unpaid wages. The California Labor Commissioner also has the power to collect back wages on behalf of employees who have experienced “stolen wages.”
Let us make one thing abundantly clear: The Watkins Firm stands with all who believe a worker should be paid in full compliance with federal, state and local laws. Employers may not attempt to apply subtle or overt pressure to get employees to accept less. This genuinely would qualify as “stolen wages.” However, there is also a rapidly rising trend of previous employees attempting to file lawsuits for unpaid overtime and other wage and hour litigation promoted by plaintiff representatives of employees. It is no secret that California’s “system” favors the employee’s point of view, and we consistently advise our clients who are San Diego employers to deploy systems, policies and procedures that clearly establish working hour guidelines, rest breaks, meal breaks, and overtime policies. Internal information systems such as voice mail and email should be limited for those who are hourly employees to prevent after hours work claims. We serve San Diego employers who are working hard to obey the law, provide a good working environment and fair pay for employees while offering products and services to the greater San Diego marketplace.
Consistent documentation, policy communication and management enforcement of these procedures, contracts and handbooks is required to protect your interests in this continually more litigious society. If you are one of the San Diego employers who wishes to comply with all federal, state and local employment laws and to develop systems to enforce and document compliance we invite you to contact the Watkins firm for a free consultation at 858-535-1511.
