As a business owner and entrepreneur who has managed multiple businesses for over 30 years, and in addition to being a business lawyer managing a medium size law firm (The Law Offices of Thomas F. Nowland) I know employment law. As a business owner, the specifics and volume of
knowledge you need to know is a astronomical. It is difficult for one person to do it alone while focusing on all of the rigors of their everyday business. That is why I always recommend working with a knowledgeable experienced business attorney.
I’m happy to share with you Wage & Hour information for businesses in California. While you’re here, I invite you to join our e-mail newsletter. It’s a free monthly newsletter packed with information and industry trends that will keep you informed and help to keep your business moving in the right direction. It is always smart to have a knowledgeable experienced business attorney who can help you mitigate risk or defend against these claims. While my clients trust me to guide them on mitigating Wage & Hour claims risk, if you are reading this, it is obviously an important issue for you at the moment, so let’s explore the details.
[newsletter title=”Nowland Law Journal” text=”Sign up for the Nowland Law Journal. Free Legal News, Resources, Tips, Case Studies & More” rss_feed=”false” sendtitle=”JOIN”]The two most powerful ways you can avoid Wage & Hour risk:
1. Know the Law:
A. Develop written policies that cover Wage & Hour issues and have your employees read, understand, and sign them.
B. Enforce them. Make sure you or your employees who act in a managing or supervisory capacity understand these rules and make sure they are enforced. Ensuring compliance should be one of the job requirements for an employee who is managing the schedules of other employees.
2. Use a time-clock system:
There are all sorts of ‘time-clock’ systems available. They have traditionally been used to make sure employees are at the work-site during the times they are supposed to be, but they can be very useful for you in avoiding a wage & hour dispute. Modern day technology allows you to ‘red-flag’ certain issues. For example, you can be notified if an employee did not take a break during the day, or took a break that was unreasonably short.
The major categories that make up “Wage & Hour Disputes” and “Claims” are listed below:
- Overtime – Failure to Pay Proper Compensation
- Rest Breaks – Failure to Provide Uninterupted Rest Periods
- Meal Breaks – Failure to Provide Uninterupted Meal Periods
- Employee vs Independent Contractor Misclassification
- Minimum Wage – Failure to Pay the Minimum Wage Required by Law
- Tips & Gratuities – Preventing, Interfering, or Disallowing
- Commissions – Failure to Pay Proper Commissions
- Standby and On-Call Time – Failure to Compensate
- Reporting Time Pay
- Wage Statements & Recordkeeping – Failure to Provide Adequate Wage Statement
- Family Medical Leave Act
- Wage Deductions
Don’t be intimidated by the long list. Check back to this blog or subscribe above, and we will go through each one briefly.
For more information on mitigating wage and hour claims risks, contact Southern California Business Litigation Attorney Thomas F. Nowland.
View the next article in this series: Wage & Hour Risk – Overtime.