California employers often ask me the question of what steps can they take to stop employment litigation. My response usually begins with a warning that there is nothing an employer can do that will prevent a frivolous lawsuit, but the employer should focus on what they can control. Employers can only control their actions and decisions, and by thinking about and reviewing a few simple items at least once a quarter, it can greatly reduce a company’s liability. Here are five steps employer can start with (hint – the most important step in my opinion is listed last):
1. Implement accurate and easy to use timekeeping system.
California law requires employers to track start and stop times for hourly, non-exempt employees. The law also requires employer to track the start and stop times for the employee’s thirty minute meal periods. The time system needs to be accurate, and the employer needs to be involved in the installation and setup of the system. Do not simply use the default settings for the hardware and software. Understand what the system is tracking and how it is recording the data. Since the statute of limitations for California wage and hour violations can extent back four years, it is recommended that employers take steps to keep these records at least four years.
2. Have compliant policies and document everything.
I cannot overemphasis the need to document what occurs in the workplace. Most importantly, employers need to document employee performance. It is all...
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