What are the most common San Diego and Southern California wage and hour violations? How do many employees assert unpaid overtime or the failure to reimburse necessary job-related expenses? The wage and hour defense lawyers for San Diego employers at the Watkins Firm are not only here to defend you in the midst of a dispute, but to help you prevent them from ever getting started.
What are Some of the Most Common Wage and Hour Violations Alleged Against San Diego Employers?
Some of the most common wage and hour violations alleged against San Diego employers include the failure to pay minimum wage, the failure to pay overtime, failure to provide rest and meal breaks for employees working qualifying shifts as well as the failure to reimburse employees for “necessary” job-related expenses. The misclassification of employees as independent contractors and/or exempt from overtime are also quite common. It is also a wage and hour violation to discriminate or retaliate against an employee or group of employees who have filed wage and hour complaints.
It is important to keep extremely accurate payroll records which is why most employers use an external payroll service. Payroll record keeping violations and inaccuracies on wage statements and paystubs are common issues in a wage and hour dispute.
Wage and Hour Defense Lawyers for San Diego Employers at the Watkins Firm
The wage and hour defense lawyers for San Diego employers at the Watkins Firm have more than 40 years of experience representing, advising and defending San Diego and Southern California employers in wage and hour disputes, PAGA actions, retaliation claims and other employer-related disputes and lawsuits. We only represent employers, and work with our clients to resolve and mitigate issues whenever possible while implementing stronger policies and procedures going forward.
Why are wage and hour lawsuits such a risk in San Diego and across southern California? The simplest reason is employers have not effectively responded to recent developments in arbitration, changing laws regarding paychecks and reporting requirements as well as tactics by plaintiff’s representatives who are targeting these areas of vulnerability. The typical claim goes something like this:
Employee leaves your employ (willingly or not) and contacts a plaintiff lawyer or the California Labor Board complaining that they were forced to work overtime without pay. They produce light evidence based upon after-hours emails and voicemails. They claim they were unable to do the expected work without evening and weekend overtime hours which were unpaid. The employer responds with time cards (often signed by the employee) showing no overtime. The Courts have been siding with employees in these cases resulting in expensive back wages, not to mention income and payroll taxes and other related withholdings.
What can be done to reduce wage and hour litigation exposure? The employer defense attorneys and wage and hour defense lawyers for employers at the Watkins Firm are focused upon the entire employment process from the offer letter through termination. San Diego employers must implement systems and policies which clearly require employees to request written permission to work overtime in advance and carefully document every aspect of wage and hour. Access to work systems and company voice mail may need to be limited during non-working hours.
Employee manuals, policies and procedure manuals and all internal practices must be reviewed and tightened. The implementation of the policies and procedures and the employee handbook by management must be consistent, well documented, even-handed and backed up by continuous written correspondence with the employee. It is prudent to require the employee to sign a disclaimer at the bottom of the timecard “under penalty of perjury.”
If you are concerned to learn that unpaid overtime lawsuits are such a risk in San Diego we invite you to review our recent Podcast for California Employers as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Learn how the Watkins Firm can work with you to develop strategies that increase your likelihood of reducing unpaid overtime litigation or avoiding it altogether.
