Unpaid overtime litigation continues to increase throughout the San Diego region. The risk for San Diego employers is genuine and significant. Many cases are based upon former employees who left under apparently good terms, only to file a lawsuit in the months following their departure. Many employers and business owners are shocked to learn this is even possible, and even more surprised by the position of area courts who tend to side with the employee.
Recent unpaid overtime case examples include employees who claim “working nights and weekends was an expectation, and it was not possible to do the job without working outside of normal hours.” They subpoena email records (or provide copies they’ve forwarded to themselves) and cell phone records demonstrating voice mail access on evenings and weekends. Employers who provide signed time sheets believe they have an open and shut case, only to lose when the case comes to trial.
The experienced “lawyers for employers” at the Watkins Firm help our clients to update all internal policies and procedures, employee handbooks, as well as employment agreements and management practices to come into compliance with California overtime laws. We provide guidance on re-design of time cards, and the process for reporting hours, as well as insight on how to restrict access and require advanced written authorization for overtime from managing supervisors.
It is possible to tighten your internal documents and practices to reduce or outright eliminate your exposure to unpaid overtime allegations, disputes and litigation. Employers face extensive changes in 2016 in may areas of employment related laws, and the failure to address these issues can result in expensive unpaid overtime litigation.
We invite you to contact us for a free and substantive consultation at 858-535-1511 and learn about the consistent actions that are required to protect your company, and the policies and procedures that must underpin them. Ensure compliance with all employment law changes on a federal, state and local level.