Before the implementation, a fixed-scope records diagnostic.
Two weeks, a fixed fee, and a finding-by-finding answer to one question: which of the records a §2699 showing would need do you actually hold?
Most California employers don’t need a custom-build conversation on the first call. They need a clear answer to a different question: given what we have today — the timekeeping, the policies, the records — which of the records a §2699 showing would need do we actually hold, and what would it take to close the gaps?
We pull and review your time, payroll, and attestation records; interview your HR, payroll, and operations leads; and deliver a written report with three sections in it — one of which runs only through the counsel track.
Not to be confused with the two-week build diagnostic, which opens a custom software engagement. Different product, different question.
- 01
A finding-by-finding inventory of the records behind each §2699 reasonable step — which exist, which are complete, and which are missing.
Meal/rest break attestations, accrual tracking, training records, equipment certifications, missing signatures, audit-trail integrity — and, for each finding, whether anything was entered beside it.
- 02
Through the counsel track only: a draft of the defense narrative counsel could tell today with the records you have today.
Drafted under counsel direction and delivered through counsel's engagement. The standard track omits this section by design: a written narrative about your legal position, produced outside any privilege structure, is a document built to be read by the other side.
- 03
A remediation roadmap.
What you can fix in the tools you already use. What requires the MicroForensics implementation. What is genuinely optional.
The diagnostic stands on its own. You can take the report and act on it without ever buying anything else from us; it is written for exactly that.
Standard, or through your counsel.
The right structure depends on what you want the diagnostic to do. We don’t push one over the other; we pick the right one with you on the discovery call.
| StandardFixed fee | Through counselFixed fee, via counsel | |
|---|---|---|
| Engagement | Floburn ↔ You | Your counsel ↔ You; counsel engages Floburn |
| Privilege | None | Asserted through counsel’s engagement; never a property of the work itself |
| Discovery exposure | Findings discoverable | Findings positioned for protection; privilege is always the court’s determination |
| Defense narrative | Not included — records inventory and roadmap only | Included, drafted under counsel direction |
| Timeline | 14 calendar days | 14–21 calendar days |
| Best fit | Baseline assessment, no specific dispute on the horizon | Post-notice, M&A diligence, prior settlement, board mandate |
Privilege is a function of the engagement structure, not the work itself — and whether it holds is always the court’s determination, which is why the engagement is papered by counsel, not by us. Be skeptical of anyone who promises more. California privileges are statutory (Evid. Code §911); there is no self-critical-analysis or compliance-audit privilege here, and the Kovel structure counsel may use to bring a consultant inside the attorney-client relationship is federal doctrine, not a California guarantee. We can route the diagnostic through your existing employment counsel or introduce you to firms we work with regularly. One doctrinal point worth stating plainly: attorney review of a report does not make the report privileged. Assume everything we generate is produced in discovery, and build it so that being produced is fine.
Start with the records you already have.
Free · 30 minutes · a fit conversation, not a sales call. If the diagnostic isn’t worth doing, we’ll tell you.
Floburn Inc. is not a law firm and does not provide legal advice. Counsel advises Floburn on system design and does not represent your company; retain your own counsel for advice specific to your situation.