Labor & Employment

Wage and Hour Law

Wage and hour disputes present one of the biggest employment liabilities employers face today. Every employer, regardless of size is vulnerable to these claims, and the costs of defending, settling or (worst of all) losing can be extreme. Both federal and state laws govern this area, with state law typically more restrictive and expansive than the federal counterparts. Because of the maze of wage and hour rules and regulations, the number of ways for employers to run afoul of the law is vast, and the penalties for even minor violations can far exceed the arguable harm caused. Those regulations, paired with increased government enforcement actions, a more activist plaintiffs’ bar and a wealth of information available at employees’ fingertips, pose significant challenges for employers.

Fox Rothschild’s nationwide team of labor and employment attorneys has years of experience working with employers in a wide range of industries. From that experience, we understand that the only way for employers to “win” a wage dispute is to avoid the dispute in the first place. We guide clients on how to comply with the various wage and hour laws they face and are available to audit their current payroll practices and correct areas that may be out of compliance with the ever-changing wage and hour rules governing their businesses. And, if a wage and hour claim is made against them, we have the experience to aggressively defend individual, collective and class action claims in federal or state court and before the federal and state agencies that enforce these laws. Our lawyers have litigated, and are litigating, such class/collective actions throughout the country.

We provide employers with comprehensive representation on wage and hour issues involving:

  • Employee misclassification (exempt v. nonexempt)
  • Independent contractor status
  • Pre- and post-shift activities, such as “donning and doffing” and other off-the-clock activities
  • Travel, on-call and other “working” time
  • Tipped employee issues, including tip pools and the tip credit
  • Motor carrier exemptions
  • Meal periods and rest breaks
  • Commissions and bonuses, including retail sales commissions and outside sales exemption
  • Overtime calculations and proper rate of pay

Fox Rothschild attorneys also keep clients informed of the latest cases, news and changes in wage and hour law through our numerous employment law blogs, including: