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Wage and Hour

When a wage and hour violation affects many employees over an extended period of time, it can give rise to substantial liability, even if the employer acted in good faith.

Overview

Counseling clients about wage and hour issues, performing wage and hour compliance reviews, and defending related litigation and government agency investigations have been among our firm’s core services for over 55 years. With offices spread across the country, we offer our clients a network of experienced wage and hour attorneys with extensive knowledge of state and federal wage and hour laws.

A Preventive Approach: Jackson Lewis’ Compliance Review Capabilities

We believe it is important to address potential wage and hour issues before plaintiffs bring a lawsuit or the government begins an investigation. We regularly assist clients in reviewing company policies and practices, pointing out any areas of non-compliance, and making suggestions for how to come into compliance in a way that fits with the client’s operational needs and minimizes the risk of subsequent litigation or government investigation.

Some of the areas we focus on include:

  • Classifying employees as exempt or non-exempt from overtime, including examining job duties as well as compensation practices such as deductions from wages;
  • Classifying workers as independent contractors or employees;
  • Proper compensation for all hours worked by non-exempt employees, including activities at the start and end of the workday and tasks performed away from the workplace;
  • Properly calculating overtime, including considering all required compensation in the regular rate and the allocation of compensation items to the proper workweeks;
  • Compliance with prevailing wage and fringe benefits requirements on government contracts;
  • Proper treatment of meal and rest periods;
  • Whether an employer uses the fluctuating workweek correctly;
  • Compliance with child labor laws;
  • Timekeeping procedures; and
  • Recordkeeping.

Defending Wage and Hour Litigation

In addition to compliance-related counseling, our attorneys regularly litigate wage and hour cases, including single-plaintiff, class, collective, and hybrid actions in federal and state courts, and are consistently at the forefront of emerging issues in FLSA and state wage and hour law. While most of these cases focus on whether employers have properly classified employees as “exempt” from overtime pay requirements or whether non-exempt employees received pay and overtime for all hours worked, we also handle class actions involving a broad range of other wage and hour issues, such as paycheck requirements, bonus calculations, vacation pay, uniforms and dress codes, timekeeping, and waiting time penalties. On a daily basis, our attorneys handle claims alleging misclassification of workers’ exempt status, overtime pay violations, “off the clock” work, inaccurate time and payroll records, time clock rounding practices, and other wage and hour issues for many employers with nationwide or multi-state operations. We are currently defending hundreds of collective or class actions brought by private parties as well as investigations by federal and state Departments of Labor.

Our basic approach in defending employers in wage and hour class actions can be summarized as a vigorous and focused defense coupled with lean staffing by experienced class action attorneys. We provide realistic assessments of liability and damages as early as possible in the litigation, and we work to develop strategies that make business sense, recognizing the implications for the business operations going forward.

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Jun 15

Melville, NY
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SHRM Long Island Breakfast Series: Lessons Learned After a Decade of Aggressive Federal Agency Enforcement

June 15, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Jun 22

Riverhead, NY
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SHRM Long Island Breakfast Series: Jackson Lewis Presents: Take Your HR Professional To Work Day

June 22, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Jul 20

Melville, NY
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SHRM Long Island Breakfast Series: The Inevitable Facts of Life for HR Professionals

July 20, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Texas Judge Issues Preliminary Injunction Blocking DOL’s Overtime Regulation—Now What?

November 28, 2016 - 12:00 PM to 12:45 PM EST
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California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST
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May 25, 2017

New York City Council Passes Major Workplace Reforms for Fast Food & Retail Workers

May 25, 2017

The New York City Council has passed five bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City. The legislative package, first introduced on December 6, 2016, and passed on May 24, 2017 follows Mayor Bill de Blasio’s September 2016 announcement... Read More

May 15, 2017

New NYC Law Imposes Additional Requirements on Companies Contracting With Freelancers

May 15, 2017

Effective May 15, 2017, the “Freelance Isn’t Free Act” delineates additional duties for businesses contracting with freelance workers on or after May 15, 2017, in New York City. The law: requires the parties to enter into a written contract, requires businesses to pay freelancers timely and in full, prohibits retaliation,... Read More

May 12, 2017

Georgia Laws Endorse ‘On Call Scheduling’ Practice and Provide Limited Paid Sick Leave Protections

May 12, 2017

Georgia Governor Nathan Deal has signed into law a measure preempting any local wage laws or requirements that employers compensate employees for changes related to employee schedules. Act 221 (H.B. 243) continues Georgia’s tradition of promoting an employer-friendly environment, particularly for retail businesses and restaurants. A... Read More

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May 18, 2017
International Risk Management Institute

Noel Tripp Authors "Wage-and-Hour Audits: The Time (As Always) Is Now"

May 18, 2017

Noel Tripp authors "Wage-and-Hour Audits: The Time (As Always) Is Now," published by International Risk Management Institute. Read More

April 27, 2017
SHRM

Jeffrey Brecher Comments on President Donald Trump's First 100 Days in Office

April 27, 2017

Jeffrey Brecher comments on President Trump's first 100 days in office and his impact on employment law in "Trump’s First 100 Days and a Look Ahead," published by SHRM. Subscription may be required to view article Read More

April 11, 2017
SHRM

Jonathan Bing, Richard Greenberg, Daniel Jacobs, James Ansorge and Daisy Tomaselli Author "New York City Council Approves Legislation Limiting Salary History Questions"

April 11, 2017

Jonathan Bing, Richard Greenberg, Daniel Jacobs, James Ansorge and Daisy Tomaselli author "New York City Council Approves Legislation Limiting Salary History Questions," published by SHRM. Subscription may be required to view article Read More

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Noel Tripp Authors “Wage-and-Hour Audits: The Time (As Always) Is Now”
May 22, 2017

Noel Tripp authors “Wage-and-Hour Audits: The Time (As Always) Is Now,” published by International Risk Management Institute.… Continue Reading Read More

New York State Department of Labor Appeals Decision Invalidating Regulations Governing Payroll Debits Cards and Direct Deposit
May 16, 2017

The New York State Department of Labor (NYSDOL) has appealed the Industrial Board of Appeals decision that invalidated and revoked final regulations issued by the NYSDOL which would have significantly restricted the use of payroll debit cards and imposed new disclosure and consent requirements for direct deposit.  The regulations (12 NYCR Read More

New York State Department of Labor Appeals Decision Invalidating Regulations Governing Payroll Debits Cards and Direct Deposit
May 16, 2017

The New York State Department of Labor (NYSDOL) has appealed the Industrial Board of Appeals decision that invalidated and revoked final regulations issued by the NYSDOL which would have significantly restricted the use of payroll debit cards and imposed new disclosure and consent requirements for direct deposit.  The regulations (12 NYCR Read More