FLSA Challenges do not Reduce Unpaid Overtime Litigation

The fact of the matter is FLSA challenges do not reduce unpaid overtime litigation in San Diego or Southern California.  While the courts and the legislature in Washington work through challenges to the new minimum wage and FLSA laws, employers in San Diego still face litigation generated by plaintiff’s attorneys.  Employees continue to assert that they worked in a “culture” that required working from home at night and on the weekends resulting in unpaid overtime.  The employees will often use email records and cell phone data to back up their claims that they accessed company systems after hours.  They use this data to assert their employer required them to do extra work as part of their employment.

The Lawyer for Employers team works to help our San Diego employer clients to protect themselves through aggressive review and implementation of updated policies and procedures.  We often recommend changes to the employee handbook, hiring communications, contracts and managerial practices.  It is vital to comprehensively document every step in the process and to clearly communicate policies which prohibit unpaid overtime.  One example is the simple requirement to seek written authorization from your direct supervisor before working any overtime whatsoever.  This fundamental strategy must be supported by all corporate documentation as well as employee policies and practices.

Many of our clients are concerned about the impact of restricting access to company systems and email after hours.  The cost of litigation far exceeds the cost of restricting access for non-exempt employees, as well as the impact it may have upon your business.  Existing FLSA challenges do not reduce unpaid overtime litigation and San Diego employers should not relax simply because this legislation is presently stalled.  If you are concerned about unpaid overtime allegations, or if you face a hearing before a labor board or potential litigation we invite you to contact us for a free consultation at 619-996-9960.