In legal disputes, five primary challenges can significantly complicate the defense of an employment lawsuit:
1. Failure to document routine employment issues.
In any employment litigation, whether it’s wage and hour claims, leave issues, or harassment claims – the amount of documentation an employer has dramatically increases the odds of prevailing in litigation. I would
Being named as a defendant in a Private Attorneys General Act (PAGA) or class action lawsuit can be overwhelming, especially for a quickly growing company. However, with planning, a company can minimize the impact of the litigation on its existing operations and put forth the best defense.
A lawyer who has experience in employment law
The start of 2024 is the perfect time for companies to conduct a California employment law audit to ensure policies are compliant, managers are properly trained, and the company is maintaining the required records for the necessary length of time. Here are five topics to review in conducting an audit and a few suggested questions
Employers have the burden to record and maintain accurate time records under California law. If the employer knows employees are not properly recording their time, the employer needs to enforce a policy to have employees accurately record their time, even if it requires disciplinary action. In addition, employers need to review their time records to
Do employers need to have a computerized timekeeping system to comply with their requirements under California law? With technological advances, it is hard to remember that just 10 years ago these questions were on top of everyone’s mind, but today it is sometimes assumed that it must be legal to keep these records electronically. However,
Employers should remember to take time to review their employee documentation, retention policies, and how this information is being saved on a periodic basis. Here are five record retention issues employers should audit as of April 2022:
1. Are employee time records maintained for at least four years?
The statute of limitations can reach back
I’ve been working with several clients recently in reviewing various timekeeping and payroll systems and am amazed about the limited capability for some of the software being offered to employers. With employees’ access to computers, point of sale systems, tablets and other technology, timekeeping should be a seamless function within a company in 2021, but
California employers have many obligations under the Labor Code to create and maintain time records. However, the Labor Code does not address many specific issues about time keeping systems and employers moving to electronic records. While employers have not yet started to use the blockchain to record employee’s time and report pay information to employees
These five golden rules, if followed by employers, help prevent employment lawsuits, and in the event of litigation can lower the litigation exposure. Employers cannot control who may file a case against them, but the following items are in their control, and can go a long way to reducing litigation exposure:
1. Must have excellent
There is no silver bullet for California employers to avoid workplace disputes and litigation. However, by focusing on a few key best practices, employers can reduce the likelihood of litigation, and if sued, the practices will make defending litigation much easier and can result in a better outcome. Here are my top five employer practices