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Employers – Don’t Get Too Smart

Bending Labor Laws to save a few bucks WILL backfire!

Employers - Don't Get Too SmartImagine you own two restaurants. The restaurants have different names. But, they are owned and operated by the same LLC. You have a terrific hostess that works for both restaurants. She works at Restaurant A for breakfast and lunch (from 8 AM to 2 PM) and then she works at Restaurant B for dinner (from 4 PM until 10 PM). All in all, she works about 12 hours a day.

You can argue that she works for two different companies and therefore your “too clever-by-half” hostess pay strategy is –in your mind– not called overtime. But, you would be wrong. She works two shifts for the same LLC. It’s one company. So, you owe her overtime, and probably more.


Image of dogs running in yardTrue Story – Don’t Become “These Guys”

Sadly, I once bankrupted a company and made the owners (a couple) sell their house to pay for overtime wages they owed my client. I’m not entirely proud of it, but it makes me smile.

Please HEAR this! There are a 1000 attorneys in and around San Diego that will HAPPILY do this to you! Many of these law firms troll for clients, and one of your employees might think agree that a HUGE CASH SETTLEMENT might be nice… McCarthy Law is here to teach our business owners to avoid these business catastrophes trolling you, while you sit there clueless to the threats.

THE STORY – My client was about 17 years-old at the time. She was working for a doggy daycare place. The doggy daycare place employed her from 4 PM until 8 AM. They never gave her ANY breaks. They never paid her ANY overtime. They tried to ‘get cute’ to save a few bucks. They tried to argue that she didn’t work from 4 PM until 8 AM. They tried to argue that really, she worked from 4 PM until midnight, and then from midnight until 8 AM. They argued it was two separate shifts, on two separate days. They thought they couldn’t possibly owe her overtime.

For years and years, I was an Employee Right’s attorney. Here in California. California is an employee-centric mecca! Take note Employers. This is not Texas the state to where ‘fed-up’ California business flee!

As an “employee right’s lawyer,” I thought differently. More important to McCarthy Law business clients –and employers in general– the LAW thought differently too. Even more importantly, the Labor Commissioner thought differently. So, I took everything I could from the doggy daycare place, until they went out of business. Later, I learned they had to sell their house to help pay for the debts they owed.

The moral for San Diego Employers: “Don’t try to get too cute.”


Schedule a Business Strategy Session

Schedule an affordable strategy session with a McCarthy employer-side employment & business law attorney today. The scheduling box is below. If you are an employer with one or more employees, we will examine your company’s exposure based on your actual business and what you do. Our goal is to keep you out of court and save you financial losses and penalties that can bankrupt a business. An employee lawsuit, besides the obvious costly and traumatic Courtroom litigation, also invites Federal and California government agents poking into your business and your financial books. Most of these business disasters can be completely avoided with a little knowledge.
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McCarthy Law

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San Diego, CA 92101
(619) 736-8910 (844) 735-8360 Email McCarthy Law