Wiley Rein is a quintessential Washington, DC law firm. Our experience in dealing with federal agencies permits us to obtain efficient and favorable results for our clients. Many partners have held high federal government posts in the legislative and executive branches and come to the firm with distinguished careers in private law practice as counselors, litigators, negotiators and strategic advisors. The Employment & Labor Practice is composed of attorneys with significant experience in various branches of government who reflect and uphold the firm's standards of service with integrity, efficiency and excellence.
Disputes with the U.S. Department of Labor
The Employment & Labor Practice has significant experience handling regulatory matters with the U.S. Department of Labor (DOL). Members of the practice regularly represent clients during investigations by DOL agencies such as the Office of Federal Contract Compliance Programs (OFCCP), the Wage and Hour Division and the Occupational Safety and Health Administration (OSHA).
Wage and Hour Compliance
The Fair Labor Standards Act (FLSA) governs wage and hour requirements for employers and establishes standards to define who is exempt from the overtime requirements of the law. The FLSA, along with the many state statutes, creates a confusing web of requirements that can result in significant liability for any employer. Our group is adept at counseling clients on compliance issues and creating company policies and procedures to minimize the risk of potential litigation. We assist employers in conducting wage and hour self-audits and have successfully resolved several national class-action wage and hour disputes. Our litigation team also represents clients in federal and state courts, as well as during arbitration and other alternative dispute resolution procedures.
Recent DOL matters handled by our attorneys include:
- Representing a large, privately held corporation in an OFCCP "glass-ceiling" audit, leading to a rare letter of compliance on the opening day of the audit.
- Defending a Fortune 200 company in another glass-ceiling audit, resulting in a letter of compliance.
- Representing government contractors during OFCCP pay equity audits, compliance reviews and complaint investigations, as well as in response to violation notices and during the conciliation process.
- Preparing responses to notice of violations and show-cause notices issued by the OFCCP.
- Representing a government contractor in the investigation and pre-litigation settlement of a controversial matter involving break-time and pension contribution issues under the Service Contract Act.
- Assisting employers in preparing for wage and hour audits.
- Without litigation, resolving a nationwide class claim of wage hour classification violations.
- Serving as federal counsel in defense of nationwide wage-hour class action claims arising from alleged off-the-clock work.
Equal Employment Opportunity Commission Charges and Investigations
We frequently represent employers before the U.S. Equal Employment Opportunity Commission (EEOC) and before state and local human rights commissions. We recognize that many employers prepare responses to administrative charges themselves as a cost-saving measure. Too often, however, those employers find that their responses are ineffective, and, in some cases admit liability.
Our practice is to work closely with human resources personnel to prepare a response to the administrative charges in a cost-efficient manner. As a result, we are able to prepare responses that are concise, persuasive and economical. We have a high success rate in obtaining "no reasonable cause" findings on behalf of our clients.
Todd A. Bromberg
202.719.7357 | firstname.lastname@example.org