- Post the “5 in 1” poster notifying employees of their rights under federal law and take a photograph each year to prove the poster is up.
- Require and insure that employees track and are paid for each hour worked; do not tolerate off the clock, at home, or other “voluntary” unpaid work.
- Pay for all employee time that benefits the employer, even if the employee is multi-tasking personal activities with work duties.
- Beware of sending or requiring employees to respond to emails, texts, or other employment related communications when the employee is off the clock.
- If an employee who has made or given notice of a claim decides to work elsewhere, do nothing to harm that employee’s opportunities to find a new job.
- Maintain accurate records of all pay, time, and employment data for as long as required by the relevant document retention laws.
- Don’t wait until you are sued – to limit and possibly prevent liability for inadvertent violation of wage laws, have all employment pay practices, policies, employee classifications and exemptions, records, and pay calculations audited by an employment lawyer.
- If you are sued, retain an attorney experienced in this type of litigation; have that attorney audit your pay practices; change anything you may be doing wrong; and offer to pay any sums or funds due or unpaid. It may be possible to moot or settle the claims and avoid very expensive litigation.
- Discuss EPLI insurance with your broker.
- Most importantly: Institute a companywide dispute resolution program that requires all employees to resolve all employment related claims by mediation and arbitration, and prohibits expensive litigation, and multi-claimant collective or class actions.
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