Prevention Strategies to Keep Your Company Out of Wage & Hour Trouble
Brandon Sylvia represents employers in all aspects of employment law. Mr. Sylvia’s practice includes handling litigation involving harassment, discrimination, retaliation, accommodation of disabilities, wage-and-hour violations (individual claims and class actions), misappropriation of trade secrets, and unfair competition. Mr. Sylvia also counsels employers on compliance issues, policies and procedures, and best practices for avoiding litigation and minimizing exposure on employment law claims. Mr. Sylvia has defended employers in state and federal trial courts, the California Court of Appeal, the Ninth Circuit Court of Appeals, the California Supreme Court, and before various administrative agencies, including the DFEH, DLSE, and CUIAB. Mr. Sylvia has been recognized as a California Super Lawyers “Rising Star” every year since 2014.
Credits
HRCI - California:1.25, SHRM - PDC:1.25
Description
In this presentation, attendees will learn about meal periods & rest breaks - what the penalties are; the most common mistakes regarding breaks and meal periods and how to implement rest period exposure/policies. They will also learn about timecard requirements, how to minimize off-the-clock violations and primary risk factors. Implement written policies regarding pre/post shift work, as well as active management of such work. Eliminating rounding time punches. Have a process for time punch edits. Provide management training. Implement timecard audits to ensure compliance. And implement an attestation. Overtime calculation errors - exempt vs non- exempt employees. Learn about commissions/non-discretionary bonuses and regular rate. Overtime rules in California. Minimize exposure of OT miscalculations. Another topic that will be discussed is paystub compliance and the problems businesses are having with paystub compliance. Arbitration agreement mistakes is another topic that will be discussed. Poor document handling practices, no class action waiver, electronic onboarding without proof that an employee acknowledged and agreed to an arbitration are issues that will be discussed. The last topic will be compliance self-audits. What is an internal wage and hour audit? How does it help? Discovering problems on your own terms versus in response to a discovery demand.