Overtime claims are more common today than they’ve ever been. For instance, overtime lawsuits against employers have more than doubled between 2001 and 2006 in Florida alone. Wage-and-hour claims make up the majority of employment law litigation, with a large number of wage-and-hour claims arising from overtime disputes.
Protecting yourself from overtime claims requires a combination of preparatory strategies, proactive policies, and aggressive tactics in the courtroom or boardroom.
For instance, protecting yourself from claims starts with having compliant and detailed recordkeeping of hours worked and payroll. The Society for Human Resource Management recommends four types of data to protect yourself from future claims: accurate employee records, weekly pay records (regardless of when payment occurs), tracking edits on time records, and protected electronic data. Security systems with keycards tied to each employee can also provide defense against overtime claims.
In addition, providing a clear and easy system for reporting overtime can protect you from litigation. Recent case law demonstrates that when employers prohibit off-the-clock work, have a well-publicized internal reporting system for employees, and comply with the Fair Labor Standards Act, courts are more likely to hold the employee liable for their unclaimed overtime—releasing employers from liability.
So how do you ensure that you’re able to protect your operation, your business, and your earnings?
Our employment lawyers provide strategic protection from overtime wage litigation at every stage: from proactive and preventative measures to aggressive representation in court. We work with our clients on a day-to-day basis to ensure that their workplace policies are fully compliant with the Fair Labor Standards Act and its regulatory requirements. We also assist with critical regulatory issues and defend them if litigation arises—which is inevitable for many large employers.
Attorney Joshua Ganz, the leader of our employment law practice, has provided counsel at critical moments for nationwide franchises, financial institutions, government organizations, townships, school districts, and other high-need clients. In one case, he saved a large employer over half a million dollars in healthcare costs during negotiations with local labor organizations. His work has minimized the cost of litigation for hundreds of clients, many of whom turn to him as a trusted advisor.
If you’re concerned about your ability to defend yourself from overtime claims, let Duffy North fortify your business. Our team is happy to discuss your needs and legal options in a consultation today.
Call (215) 515-2560 or contact our Montgomery County employment attorneys online.