A Guide to an Amicable Divorce

About Me

A Guide to an Amicable Divorce

When I got divorced, it went off without a hitch. When my friends heard how easy it was, they were shocked. None of the people they knew had experienced the same easy separation I had. It was not problems with their spouses that was the issue. It was the attorneys. After talking to a few more people and my divorce attorney, I created this blog. I want to help others who are going through the divorce process understand their options. I also want people to realize that there are good attorneys who are committed to getting what is best for their clients.


How To Defend Against Wage Theft Claims

Employee wage theft claims can be very serious as you may face not just paying extra wages but also heavy penalties. Here are some possible defenses against a wage theft claim.

Accurate Record Keeping

Maintaining accurate records is a crucial defense when facing wage theft claims. By diligently documenting employees' hours worked, wages paid, and any deductions made, employers can provide concrete evidence of their compliance with wage laws. Accurate record-keeping serves as a reliable source of information that can be used to demonstrate consistent payment practices.

Detailed records not only showcase transparency but also help in identifying any inadvertent errors or discrepancies that may have occurred. Employers who can present comprehensive records to support their case stand a better chance of successfully defending against wage theft claims. Further, these records enable employers to proactively address any concerns raised by employees, fostering trust and minimizing the likelihood of disputes.

Compliance with Employment Laws

Compliance with employment laws is a vital defense strategy when faced with wage theft claims. Employers must ensure that they adhere to federal, state, and local regulations regarding minimum wage, overtime pay, meal breaks, and rest periods.

Implementing robust policies and procedures that align with legal requirements and conducting regular internal audits to ensure adherence can help strengthen this defense. Employers who can provide evidence of their compliance efforts and show that they have consistently applied the applicable wage laws have a stronger position in defending against wage theft claims.

Bonafide Exemptions

Certain employees may be exempt from minimum wage and overtime requirements based on specific job duties and classification criteria defined by the Fair Labor Standards Act and state labor laws. Establishing that an employee falls under a legitimate exemption can serve as a defense against wage theft claims.

This defense relies on employers being able to demonstrate that they correctly classified employees and that their exemption determinations were made in good faith based on applicable legal standards. Thoroughly understanding exemptions and properly classifying employees is essential for effectively defending against wage theft claims.

Good Faith Belief

Demonstrating a good faith belief that the employer was complying with wage laws and any underpayment or violation was unintentional can be a defense against wage theft claims. Employers must show that they had a genuine belief that they were acting in accordance with the law. 

This defense emphasizes the importance of promptly addressing any unintentional errors or discrepancies and taking corrective measures to prevent future occurrences. While you may still owe money, it will usually be less than if you're found to have acted in bad faith.

Reach out to a local employer attorney to learn more.