Wage and Hour Issues
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 team 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 (ADR) procedures.
Our capabilities include:
- Appropriate Classification of Exempt and Nonexempt Employees
- Calculation of Regular and Overtime Rates
- Determination of What Constitutes “Hours Worked”
- Distinguishing Between “Employee” versus an “Independent Contractor”
- FLSA Compliance
- Recordkeeping Obligations
Our recent experience includes:
- Assisting employers in preparing for wage and hour audits.
- Resolving a nationwide class claim of wage-hour classification violations without litigation.
- Serving as federal counsel in defense of nationwide wage-hour class action claims arising from alleged off-the-clock work.