Q: I received a summons and complaint for an employee lawsuit. What should I do now?

A: Receiving a summons and complaint for an employee lawsuit can be a stressful experience. Act quickly and decisively to protect your business and interests is crucial. Here's what FLSA Audit LLC recommends:

1. Don't Panic, But Don't Delay:

• Understand the Complaint: Carefully read the complaint to understand the specific allegations and the legal claims being made against you.
• Don't Ignore It: Ignoring a summons and complaint can lead to a default judgment against you, which can be very costly. 
• Contact Legal Counsel Immediately: Consult with an experienced employment law attorney as soon as possible. They can advise you on your legal rights and obligations and help you develop a defense strategy.   

2. Preserve All Relevant Records:

• Employee Records: This includes payroll records, timekeeping data, job descriptions, performance reviews, and any other documents related to the employee(s) involved in the lawsuit.   
• Policies and Procedures: Gather all relevant company policies, handbooks, and procedures related to wage and hour practices, employee classifications, and overtime.
• Communications: Preserve any emails, letters, or other communications related to the employee(s) or the issues raised in the lawsuit.

3. Consider an Independent FLSA Audit:

• Identify Potential Issues: An independent FLSA audit conducted by FLSA Audit LLC can help you identify any potential compliance gaps or vulnerabilities in your wage and hour practices.   
• Strengthen Your Defense: A proactive audit can demonstrate your commitment to compliance and provide valuable documentation to support your defense.
• Mitigate Damages: Identifying and correcting any violations can help to mitigate potential damages in the lawsuit.

4. Cooperate with Your Attorney:

• Provide Information: Provide your attorney with all relevant documents and information related to the lawsuit.
• Follow Legal Advice: Follow your attorney's guidance throughout the legal process.
• Be Prepared: Be prepared to participate in depositions, mediation, and potentially a trial.

Key Takeaways:

• Time is of the essence: Act quickly and decisively to protect your interests.
• Seek legal counsel: An experienced attorney can provide invaluable guidance and representation.
• Preserve evidence: Maintain all relevant records to support your defense.
• Consider an audit: An independent FLSA audit can strengthen your position.

FLSA Audit LLC is here to support you through this challenging process. Our expert auditors can provide the independent assessment and documentation you need to navigate an employee lawsuit effectively.