The need for unpaid overtime employer defense and other wage and hour related lawsuits in San Diego and Southern California continues to rise. The number of plaintiff’s cases alleging unpaid overtime violations against San Diego employers has risen steadily over the past several years.
What is a Typical Case Example of Unpaid Overtime Employer Defense?
The typical case for unpaid overtime employer defense goes something like this:
A former employee asserts they were forced to work overtime without pay as part of the culture. It was impossible to do the job during the normal forty hour work week and was therefore necessary to work nights and weekends. The evidence they will attempt to provide is access to company systems, emails, voicemails and cell phone records. The demand letter will ask for back wages and punitive damages to compensate for violation of federal or state law.
This is often followed by a class action plaintiff’s lawsuit or an action under the California Private Attorneys General Act or PAGA. The PAGA action allows the (former) employee to step into the shoes of the Attorney General and access all payroll and employment records for not only current but former employees as well. This fishing expedition is in search of a pattern of behavior which will generate a substantial financial award. The employee-plaintiffs get a substantial portion of any award in a PAGA action.
What Do San Diego Area Employers Need to Know?
TAKE IMMEDIATE ACTION. There is a secret clock which has begun to run if you have been contacted in any form by a current or former employee or their law firm. The good news is the Watkins Firm has more than 40 years of experience defending San Diego and Southern California employers in these cases.
If you take immediate action it is absolutely possible to substantially reduce your exposure and risk and/or remediate the situation altogether.
Call us for a free consultation at 858-535-1511. We’ll discuss the situation and the strategies to resolve things quickly and cost-effectively.
Over 40 Years of Experience Defending San Diego and Southern California Employers
The unpaid overtime employer defense attorneys at the Watkins Firm have more than 40 years of experience representing San Diego employers in unpaid overtime litigation defense and other wage and hour and employee-related matters. Our experienced wage and hour attorneys will prepare a strong defense to thwart the efforts of opposing plaintiff’s counsel.
In some cases, the plaintiff will attempt to certify a class action. We defend class action lawsuits and actions including PAGA actions as well, working aggressively to prevent the certification of the class.
Recent victories in both the California and United States Supreme Courts have gutted California’s attempt to all but eliminate arbitration. As a result, California employers should absolutely and immediately contact us to learn how to implement an arbitration agreement as part of their employment contract process. The arbitration agreement is one of the most effective defenses a California employer can have.
In addition to litigation and dispute resolution, we assist San Diego employers with preventative strategies that limit present and future exposure to these harassing lawsuits. We help our general business counsel clients to understand and implement the strategies that eliminate exposure to unpaid overtime litigation. These efforts begin before an employee is hired with communications and verbiage contained within the offer letter or employment contract. They continue into your company’s policies and procedures and employee handbooks.
Policies alone will not protect you. Consistent action must be taken by all levels of your company’s management team. Excellent documentation strategies ensure it is easy to repel any future attempts to assert an unpaid overtime allegation.
If you require assistance with wage and hour or unpaid overtime employer defense in San Diego or wish to implement policies to reduce or eliminate your exposure to these cases we invite you to review our recent Podcast Episode 29 – Recent Big News in Arbitration as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Ask about our unique approach to litigation and how we work to resolve litigation and disputes quickly and cost-effectively.
