What to Do If an Employee Brings a Wage and Hour Complaint Against You in California

Is your business or organization in California facing a wage and hour complaint from a worker? If so, it is imperative that you take a proactive approach to protect the best interests of your company. All wage and hour claims should be taken seriously—even if you are certain that the employee is raising a frivolous complaint. Here, our Riverside County employment attorney highlights the key steps to take if an employee brings a wage and hour complaint against your business in California.

Step #1: Take a Proactive Approach and Try to Resolve Issues Internally if Possible

While not an option in every case, it is always best for employers in California to try to resolve wage and hour issues internally—before any formal complaint is ever filed. Employers should gather, organize, and prepare all of the information that they need to understand the issues and support their defense. It is never too early to consult with a California employment attorney.

Step #2: Understand the Allegations (Read them Line by Line)

Assuming that you have received a formal written complaint, you should carefully read what the employee is alleging—whether it is unpaid overtime, a missed meal period, an inaccurate wage statement, or a workplace retaliation. You should match each allegation to its pay period. A detail-focused review is a must, so that you understand what claims may or may not be accurate and advise your legal counsel truthfully about potential liability exposure.

Step #3: Gather, Preserve, and Organize All Payroll Records

Evidence is the key to defending a wage and hour complaint. Employers should retrieve timecards, schedules, pay stubs, bonus plans, and policy documents for the period in dispute—plus at least four years retroactively. California Labor Code § 226 requires you to keep and furnish accurate wage statements. The failure to do so could cause problems.

Step #4: Conduct an Internal Compliance Audit

An employee’s wage and hour complaint may or may not be legitimate. It is important for employers to conduct a comprehensive internal compliance audit to determine exactly what happened. Among other things, this means comparing recorded hours to pay issued, confirming overtime premiums, minimum wage compliance, and meal-period premiums. You should carefully note any discrepancies.

Step #5: Seek Professional Legal Representation 

Employers do not have to navigate wage and hour issues on their own. You should be prepared to share your audit results and the complaint with a top-tier California employment lawyer for employers. Your attorney can review the case and help you determine the best course of action.

Step #6: Prepare Your DLSE Conference Position

If the claim is before the Labor Commissioner, employers should be prepared to draft a position statement that is supported with evidence. You should decide carefully who will appear and represent the company well—whether the business owner, H.R. lead, or the employee’s supervisor. The ability to demonstrate good faith compliance can help employers effectively resolve the matter.

Consult With Our California Wage and Hour Attorney for Employers Today

At Sloat Law Group, APC, our California employment wage and hour lawyer is committed to providing solutions-focused advocacy to employers. Contact us today for a fully confidential, no obligation initial consultation. We represent employers in wage and hour matters in Coachella Valley, Riverside County, and throughout California.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2