California employers can be in for a rude awakening on discovery they are not fully compliant with the Labor Code. Devastating results can occur when not-so-friendly state or federal investigators come knocking.
Worse are the employee-driven wage and hour lawsuits that can force a business to shut its doors. See, PAGA Monster Grow More Legs – Best Protection Against Potentially Devastating Group Labor Claims is … Prevention (February 2, 2024). For even a handful of irregular meal break timekeeping records for 30 workers, averaging 1.5 violations per week for one year, one company recently faced $468,000 in penalties under California’s 2004 Private Attorneys General Act (PAGA).
Given the high stakes, best practices demand an internal proactive wage audit to locate and fix improper pay practices before any government agency or workers’ attorney points a finger in hostility.
Common topics:
- Independent contractor classification;
- Salaried worker classification;
- Pay periods and timing of payroll;
- Itemized wage statements;
- Timekeeping records, including rounding and accuracy of tracked time;
- Alternative workweek schedules;
- Compensation for minimum wage, overtime, reimbursed expenses, bonuses, commissions, piece rate, mileage, travel time, training time, mandatory meetings, sick pay, vacation or PTO pay;
- Meal and rest break practices;
- Fair Pay Act compensation for similar job duties;
- Interns and volunteers; and
- Remote worker compensation.
Utilizing qualified outside counsel:
● provides an objective perspective;
● brings a seasoned eye from having seen too many worst-case scenarios; and
● findings are confidential by the attorney-client relationship.
Take-Aways:
Our firm is equipped to conduct friendly wage audits, ranging from a small targeted sampling of pay records to a thorough inspection of multiple wage-and-hour matters. E-letter subscribers will soon receive a link to register for a free 30-minute webinar next month to further explore the risks and options.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
- Friday, February 23, 2024 Annual Seminar for Employers Covering Employment Legal Essentials and New Workplace Laws (February 7, 2024)
- $5.5M To Settle Wage Theft Claim — Elderly Care Provider Fought Underpayment Citation for Five Years (January 5, 2024)
- PAGA Monster Quelled … For Now – Appeals Court Overturns Wal- Mart’s $102 Million Penalty and Damages Judgment (July 2, 2021)
Cindy Bamforth
February 15, 2024