It’s always a good idea for businesses to have a good employment attorney Dallas TX on their side to assist them in defending against any employee lawsuits that may arise. Wage and overtime issues account for a large number of legal actions taken against businesses. There are many ways human resource departments can avoid these claims or protect the company should lawsuits arise.
Employment Attorney Dallas TX: Keep Complete Records
Employers can protect themselves against overtime and wage lawsuits by keeping thorough data. Time records, security swipe data, phone and computer records and video recordings may contradict claims made by plaintiffs.
Two data types your HR department needs to procure are:
- Relevant employee records with hire and termination date, leaves of absence, work schedule, supervisor(s), pay rate, job duties and any changes in these details, along with the dates changes were implemented. Any suspensions or disciplinary actions should also be noted in full, along with absences and late arrivals.
- Keep pay records on a weekly basis, even if employees are paid twice a month or monthly. Wage claims are often made for extra hours worked, so it’s important to keep clear records of how many regular and overtime hours were worked in each week. This way additional pay, like time and a half, can be properly applied.
Employment Law Attorney Dallas TX: Defense Against Potential Lawsuits
It’s a good idea to occasionally review HR’s payroll and timekeeping process, so that any clerical mistakes can be quickly corrected before employees notice and file claims. And to avoid costly mistakes in the future, it’s necessary to keep track of new state and federal laws regarding employee payments and overtime. A small company with one person handling payroll may want to confer with an employment attorney to ensure that the payment process and record keeping are in accordance with the latest laws.
To avoid wage and overtime lawsuits, the HR or payroll department needs to check rounding of time records. Rounding is allowed by federal law, as long as it doesn’t result in underpaying employees for actual time worked. You need to be careful if employees come in a few minutes early and/or stay a few minutes late, as this may result in improper payment figures over time due to rounding. Attention to details, even ones that may seem insignificant at the time, can save you a visit to court months or years later.
Simon Paschal PLLC offers companies help from an experienced employment attorney Dallas TX. Whether you’re a small company in need of human resources consulting from one attorney, or a large company in need of a legal team to defend you against a class-action lawsuit by employees, we can represent you. Call us today at 972.893.9340 or use our online contact form.
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