The Top Four Mistakes to Avoid When an Employee Brings a Wage and Hour Complaint
Wage and hour laws—from the federal Fair Labor Standards Act (FLSA) to California state regulations—are designed to establish minimum standards for worker pay, including minimum wage, overtime protections, and meal/rest break requirements. As an employer, you have a proactive responsibility to ensure compliance with federal, state, and local wage and hour laws.
If an employee brings a complaint alleging a wage and hour violation, you must know how to respond. Too many businesses make errors when responding to complaints that undermine their interests. Here, our Riverside County employment attorney highlights the top four mistakes employers should avoid when an employee brings a wage and hour complaint in California.
Mistake #1: Refusing to Take the Matter Seriously
Employers should address all wage and hour complaints proactively—whether they area minimum wage complaint, overtime issue, or any other matter. Businesses in California should avoid the error of not taking a wage and hour matter seriously. A finding of liability can lead to major penalties, including, but not limited to, back wages, statutory fines, and payment of other damages. All employers in California should have a well-considered process for accepting, reviewing, and handling wage and hour claims from current or former employees.
Mistake #2: Not Compiling Documents, Records, and Other Wage and Hour Evidence
Employers should be prepared to raise a strong defense when facing a wage and hour complaint in California. Evidence is key to successfully defend an employment law claim. An employer’s failure to maintain and produce necessary employment documents and records is a significant and detrimental misstep. California law requires employers to keep accurate details of employees’ work hours, breaks, and paid wages. When a current or former employee files a wage and hour complaint, these records become critical to your defense.
Mistake #3: Punishing the Worker for the Complaint—Even if an Outright False Claim
Both the FLSA and California state wage and hour laws protect workers against retaliation. Even if the claim appears unfounded, it is essential for employers to handle the situation without prejudice. A wide range of adverse actions—from reducing hours, demotion, or termination—can be viewed as retaliation. Employers should conduct a neutral, fact-focused investigation of a wage and hour claim even if they believe the claim is outright false.
Mistake #4: Waiting Too Long to Seek Professional Legal Representation
Employment law is complicated, especially in California. When faced with a wage and hour complaint, too many employers delay seeking legal advice in hopes of resolving the issue internally. However, a delay in speaking with legal counsel can be detrimental to your defense. A California employment lawyer for employers who has experience handling wage and hour cases can review your case, all the documents, and help you determine the best path forward.
Consult With Our California Employment Lawyer Today
At Sloat Law Group, our California employment attorneys are solution-focused advocates for employers. If you are facing a wage and hour complaint, we are here to help. Our attorneys will not only guide you on how to handle a wage and hour complaint, but how to improve your practices to avoid these types of complaints in the future. Contact us now for a strictly confidential initial consultation. Our firm provides employment defense services to businesses in Coachella Valley, Riverside County, and all throughout California.
Source:
dol.gov/agencies/whd/flsa
