We are employer lawyers.
Why Hire a Wage and Hour Claims Defense Attorney?
Why Hire a California Wage and Hour Claims Defense Attorney? A good wage and hour Defense attorney will be proactive on behalf of the employer to minimize their legal risk. A California wage and hour employer defense attorney is essential when an employee makes a claim against the employer.
Common reasons for claims arising include the employee believing they have not been paid adequately for missed rest breaks or meal periods, or believe they have not been paid for overtime hours,“off-the-clock” work, or because they have been misclassified as an exempt employee.
A Defense Attorney for California Wage and Hour Claims Anticipates.
Defending wage and hour claims in California is best achieved by engaging a law firm that is steeped in employment law experience, like Chauvel & Glatt. They know how to position the employer for protection against such claims. Below are ways in which they do so:
- Ensuring Compliance: An employer becomes compliant by creating and adhering to thorough, legally sound policies that stave off claims of unpaid overtime hours, missed meal and/or rest breaks, or misclassification of jobs; for example, exempt versus non-exempt versus contractors. Non-exempt employees have rights like overtime pay, earning minimum wage, and being allowed meal breaks that contractors and freelancers typically do not have, for example. There can be nuances when it comes to the classification of exempt employees, and professional wage and hour claims lawyers can provide guidance that eliminates any doubts leading to misclassification.
- Expert Knowledge of California : The state of California offers some of the most stringent, complex, and rapidly changing employment laws in the country. This is reason enough to engage an expert defense attorney for California wage and hour claims. Effective wage and hour claims defense demands a thorough knowledge of both California and Federal laws. As an example, according to the US Department of Labor website regarding exempt employees, “On April 26, 2024, the U.S. Department of Labor (Department) published a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, to update and revise the regulations issued under section 13(a)(1) of the Fair Labor Standards Act implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, and professional employees.”
- Compliance Audits: Good wage and hour claims lawyers conduct regular audits that uncover any areas of concern with regard to payroll practices that are non-compliant, and they provide the guidance necessary to course-correct before a claim results in litigation. Even so, audits are not an air-tight guarantee that an employee will not file a wage and hour claim, or a wage and hour class action.
- Employer Class Action Defense Attorney: Collective, or class, actions against employers involve a group of employees bringing a claim against an employer for what are perceived to be common violations within the organization around wage and hour infringements. At Chauvel & Glatt, our goal will always be to defend these or any types of claims and settle pre-litigation.
What Are the Consequences for Lack of Wage and Hour Claims Defense?
If wage and hour claims lead to litigation and an employer is unprepared – particularly in a class action situation – it could result in significant expenses in damages, penalties, attorney’s fees. Depending on the size of the case, employers could faces potential damages in the hundreds if not million dollars of exposures.
At Chauvel & Glatt, we want to make sure our clients are prepared, and we are proactive in doing so. Taking advantage of the knowledge that our wage and hour claims attorneys possess can be viewed as taking preventative measures that protect your business. When a claim is filed, we determine if it has merit; and if so, we go the extra mile to help you manage investigations and provide counsel that enables you to settle pre-litigation and minimize the damages. If, as a last resort, litigation is required, we are well-equipped through our years of experience in employment law to provide you with representation you can depend on and trust.