Why do Employment Contracts and Employee Handbooks Matter

Why do employment contracts and employee handbooks matter from an employer’s perspective?  San Diego employers must take many precautions to protect against employee disputes and ultimately lawsuits.  Plaintiff’s attorneys are filing more and more lawsuits against employers for everything from retaliation and hostile work environments to wage and hour issues and unpaid overtime allegations.  The employment contract and employee handbook are the first lines of defense against these lawsuits and disputes. It is important to cover issues such as overtime as early as your offer letter to an employee.  Overtime …

New Rules for Independent Contractor Classification

You may have heard a lot about the new rules for independent contractor classification and the controversy surrounding the question of “1099 or employee?”  Why should you pay attention if you have independent contractors? The truth of the matter is it is good business to hire independent contractors when possible as it reduces overhead and provides needed resources to accomplish specific tasks.  If your goal is simply to attempt to classify what should be an employee as a 1099 worker or independent contractor new rules out of the US Supreme …

Independent Contractor Misclassification Audits in California Continue to Rise

Independent contractor misclassification audits in California continue to rise.  The IRS as well as the California Employment Development Department or EDD are heavily targeting San Diego employers with 1099 employees or independent contractors.  Each agency believes the vast majority of independent contractors are actually employees who are misclassified.  The financial impact of this issue is substantial for all employers, and can threaten the actual survival of most businesses. The issues arose out of a US Supreme Court decision 18 months ago.  The Supreme Court ruled that it wasn’t simply a …

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 …

San Diego Wage and Hour Attorneys

Our San Diego wage and hour attorneys defend employers and represent them in hearings, disputes, lawsuits and negotiations with employees as well as federal and State of California agencies.  Wage and hour issues cover a broad spectrum of employee compensation and work regulations, including but not limited to: California’s New Fair Pay Act Rest and Meal Breaks Minimum Wage Tips Straight Commission (ensuring a minimum hourly wage is paid regardless of commissions) Sales or Performance Bonus Disputes Unpaid Overtime Exempt versus Non-Exempt Employee Classification Matters Our seasoned San Diego wage …

The Lawyers for Employers Defense in San Diego

If you are an employer in San Diego or southern California and you become involved in a dispute, hearing or lawsuit you need experienced representation.  The Lawyers for Employers defense in San Diego have decades of experience protecting our clients in every legal aspect of a dispute or lawsuit.  We do not represent employees, and focus entirely on the defense of San Diego employers in disputes with employees, federal and state agencies including but not limited to: Wage and hour disputes FLSA Disputes Unpaid Overtime Litigation FMLA Disputes ADA Compliance …

San Diego unpaid overtime litigation attorneys

Unpaid Overtime Allegations in San Diego

The Lawyer for Employers team protects employers from unpaid overtime allegations in San Diego and throughout Southern California.  Our employer defense team handles all aspects of employment law for San Diego employers, and represents our clients in all disputes, lawsuits and State and Federal Labor Board Hearings.  Unpaid overtime allegations in San Diego have risen sharply over the past few years.  Plaintiff’s employment lawyers are looking for ways to sue San Diego employers for unpaid overtime whenever a current or former employee speaks with them. The Lawyer for Employers team …

The Importance of Well Crafted Employment Contracts

Why is it so important to have well crafted employment contracts and how does this protect a San Diego employer after the hire?  The employment contract documents are the foundation of all legal employment issues.  They are the first line of defense for San Diego employers, and protect against disputes and employment related litigation.  The Lawyer For Employers team work with our clients to develop comprehensive employment contract documents including: Offer Letters Employment Contracts Trade Secret and Non-Compete Covenants Employee Manuals The offer letter is usually the first legally structured …

Wage and Hour Lawyer Attorney San Diego

San Diego Wage and Hour Attorney

San Diego employers should have a strong partnership with a San Diego wage and hour attorney who can also advise on all employer-related disputes and issues.  The Lawyer for Employers team provides sound counsel for employers.  We do not represent employees.  Our legal team works with your business to ensure compliance with all of the federal, state and local labor laws and regulations associated with your industry.  We ensure compliance internally and externally to prevent government penalization and employee disputes and lawsuits. Wage and hour litigation has skyrocketed in the …

Misclassification of Independent Contractor or Employee

Employee Misclassification a Growing Challenge for San Diego Employers

The misclassification of employees as independent contractors has become a significant area of focus for the US Department of Labor, the IRS and California’s state agencies.  The Department of Labor recently hired 700 new auditors whose sole focus will be employee misclassification audits.  Your business model may be built upon the use of independent contractors, or you may simply use a few to manage various aspects of your business.  If you employee independent contractors in San Diego you need to understand a major change in the law has occurred.  It …