Defense of Wage & Hour Claims Lawsuits in State and Federal Court
Employee lawsuits for unpaid wages are routinely filed against California employers in both State and Federal Courts. These lawsuits typically include alleged violations of the Federal Fair Labor Standards Act as well as alleged violations of California’s wage and hour laws, wage orders and regulations.
In response to a lawsuit filed in either State or Federal Court, CE Smith Law Firm will defend your Company against employee wage claims for unpaid overtime, minimum wage violations, missed meal and break periods, alleged violations of State or Federal prevailing wage laws, alleged misclassification of hourly employees as exempt personnel, alleged misclassification of employees as independent contractors, record keeping violations, questioned deductions and related claims.
With far greater resources at the government’s disposal, a governmental investigation can be extremely intrusive and intimidating for any employer. CE Smith Law Firm will effectively represent your Company’s interests in defense of investigations and enforcement actions brought by the United States Department of Labor, California’s Division of Labor Standards Enforcement, and similar state and federal agencies.
At your request, CE Smith Law Firm will conduct a comprehensive review of your current pay practices, to identify potential issues, and to develop and implement a corrective plan to minimize or eliminate claims. CE Smith Law Firm provides you with guidance and support to help your Company maintain proper records required by both state and federal law, comply with overtime, meal and rest period requirements, identify and protect the status of those employees who should be exempt from the overtime requirements of state and federal law, and to make critical determinations as to whether a worker should be classified as an independent contractor or employee. To control your overtime, CE Smith Law Firm can also assist you with preparations for secret-ballot elections for alternative workweeks. CE Smith Law Firm will make certain that your Company complies with the requirements of the appropriate California IWC Wage Order for your industry.