Overview

Wage and hour noncompliance is a significant source of potential liability. Every employer, regardless of size, is vulnerable to such claims, which can lead to significant litigation costs, expensive settlements and costly penalties. Worse yet, these claims are often uninsured, even under employment practices liability insurance policies.

Prevention is key. Our seasoned attorneys conduct comprehensive audits to examine your organization’s payroll practices and assess your risks. Then we guide you in taking concrete steps to improve compliance to prevent wage and hour lawsuits and governmental audits. Our knowledgeable lawyers will help you navigate the maze of often conflicting federal and state laws and regulations that can trip up even the best-intentioned employers.

We think forward, working alongside your team to keep compliance programs current and in line with ever-changing wage and hour laws and regulations over time so you can focus on running your business and achieving your goals. With strategic planning, ongoing guidance and proactive measures, we can significantly reduce your exposure to costly wage and hour litigation.

If litigation arises, we also 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.

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

  • Employee classification assessment (exempt vs. nonexempt).
  • Independent contractor relationship structuring.
  • Pre- and post-shift activities management, such as “donning and doffing” and other alleged off-the-clock activities.
  • Travel, on-call and other “working” time policy development.
  • Tipped employee compliance, including tip pools and the proper use of the tip credit.
  • Motor carrier exemption application.
  • Meal periods and rest break administration.
  • Commissions and bonus structure design, including retail sales commissions and outside sales exemption.
  • Overtime calculation systems and proper rate of pay implementation.

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