Wage and Hour Audits Attorney Campbell CA

Wage claims are increasing in number. Employers have suffered some staggeringly large verdicts and settlements lately in class actions. For a small business, even a “modest” claim can lead to a devastating result. In most cases, these verdicts and settlements could have been avoided if the employer’s wage practices had been reviewed by counsel.

Liability for violation of the wage and hour laws does not require evidence of bad intent or unlawful motive by an employer. The performance of the employee is also rarely an issue, making the employer’s exposure fairly straightforward in most cases. The good news is that an employer can easily avoid such claims by having its wage and hour practice audited by an attorney with expertise in this area of the law.

Rousso & Jackel’s comprehensive “wage and hour audit” helps employers to avoid common pitfalls in a thorough and yet economical way. We can meet with you and your key managers to discuss questions and concerns. We then will review employee files and records and interview key employees to determine whether there is any exposure to wage claims. We then can offer advice on how to prevent or limit liability.

The time necessary to conduct the audit and render an opinion depends entirely on the size of the company and the number of individuals to be interviewed. It depends on the number of “exempt” employees and the number of people working for the company as independent contractors. A small company with very few exempt employees usually takes less than ten hours. A large company with numerous exempt employees and independent contractors takes longer.

Issues Addressed in Wage and Hour Audits

“Exempt” (salary) vs. non-exempt (hourly) workers. Has an employee been properly classified? Are there exceptions? What happens if it turns out that an employee has been mis-classified?

Employees vs. Independent Contractors. What makes an individual an employee, despite his or her title or the agreement made with an employer? What are the factors in determining status as employee or independent contractor? What type of agreements are effective?

Authorized vs. unauthorized overtime. Does the employer know or have reason to know that an employee is working overtime? What can be done to prevent employees from secretly working overtime?

Compensation for being “on-call.” Are all employees entitled to compensation for time they are “on-call”? How are wages for employees who are “on-call” properly handled?

Paid time off. What are the rules regarding wages for vacation pay and sick time? Can the accrual of wages for paid time off be limited?

Meals and rest periods. Who is responsible for ensuring that breaks are taken? Are there exceptions?

Record keeping. What are an employer’s duties regarding record keeping? What are the consequences of inadequate records?

Waiting time. How much compensation is an employee entitled to for simply showing up, regardless of the availability of work? Are employees entitled to compensation for travel time or time spent dressing for work, such as putting on a uniform?

Deductions from wages. Can an employer deduct money owed to it by the employee? What deductions are allowed?

Bonuses and Sales Incentive Compensation. Are they enforceable? Are they mandatory or merely permissive? Can an employee be given an adequate bonus incentive without increasing the employer’s potential liability?