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Wage and Hour Red Flags
Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We discussed eight key points, the last of which was that generally, employees cannot agree to waive rights under the Labor Code. (Written settlement agreements purporting to give up such rights for less than full reimbursement are not legally enforceable.) We conclude herein with points 9 through 16.
9. Employer must pay for all known time worked at home, traveling or “off the clock.” As noted in Part One of this article, nonexempt employees cannot waive such wages, and employers who rely on employees' verbal statements giving up such wages do so at their peril. “Off-the-clock” work is often the subject of class action litigation and often results in significant liability. The best way to avoid such exposure is to have: 1) an accurate time-keeping policy; and 2) a written policy given to employees, which states that off-the-clock work is prohibited.
10. Failure by the employer to maintain adequate time records. On the other hand, an employee can prove his or her hours without written documentation.
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