• Format timesheets so employees can record when they took their meal break and when they returned.
• Educate your managers about these rules and encourage them to keep accurate records.
• Make certain your employees understand the rules and their responsibilities pertaining to their employment.
• Make employees aware that they are entitled to a minimum 10-minute rest break to be taken by the fourth hour worked.
• Ensure that employees take their minimum 30-minute meal break by the fifth hour worked and reprimand those who don’t. Don’t interrupt or ask employees to attend to company business when they are on break.
• Inform employees of their responsibility to obtain authorization for overtime in advance of working it.
• Keep job descriptions up to date.
• Do not require or allow employees to work off the clock.
• Make sure your independent contractors are in fact independent contractors.
• Institute an internal procedure to handle complaints.
Wage-and-hour lawsuits are a significant exposure for all employers. Although you cannot eliminate the exposure, understanding the law and your responsibilities, as well as enforcing a well-written policy pertaining to this issue, will help you lower your exposure.
Jeff Cavignac is president and principal of Cavignac & Associates, and Sandee Rugg is the company’s director of human resources. Cavignac & Associates is a leading commercial insurance brokerage firm providing a broad range of insurance and expertise to design and construction firms, law firms, real estate-related entities, manufacturing companies and the general business community. The firm employs a staff of 40 at its headquarters at 450 B St., Suite 1800, San Diego. More information about the company can be found at www.cavignac.com.