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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.

The Team

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Jul 27

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

July 27, 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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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
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California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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July 7, 2017

Context Matters: Mortgage Underwriters Don’t Meet FLSA’s Administrative Exemption, Ninth Circuit Concludes

July 7, 2017

Mortgage underwriters do not qualify for the Fair Labor Standards Act’s administrative exemption because they are more appropriately characterized as “production” employees, according to the U.S. Court of Appeals for the Ninth Circuit. McKeen-Chaplin v. Provident Savings Bank, 2017 U.S. App. LEXIS 11950 (9th Cir. July 5, 2017). In so... Read More

July 6, 2017

Retail Industry Workplace Law Update - Summer 2017

July 6, 2017

U.S. Supreme Court: Plaintiffs May Not Voluntarily Dismiss Case to Appeal Class Certification Decision Curbing a litigation tactic used by class action plaintiffs, U.S. Supreme Court has ruled that such plaintiffs may not voluntarily dismiss their claims upon receiving an adverse class certification decision and subsequently invoke 28... Read More

June 30, 2017

DOL Will Issue New Rule to Set Salary for White Collar Exemptions, But Asks Fifth Circuit to Reverse District Court Order Granting Nationwide Preliminary Injunction

June 30, 2017

The government has asked the Fifth Circuit Court of Appeals to reverse a Texas District Court Judge who issued a nationwide preliminary injunction blocking the Department of Labor’s Final Rule which would have more than doubled the required salary level for the “white collar” overtime exemptions under the Fair Labor Standards Act. On... Read More

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July 21, 2017
SHRM

Richard Greenberg Comments on New York City's Freelance Isn't Free Act

July 21, 2017

Richard Greenberg comments on new rules taking effect as a result of the Freelance Isn’t Free Act in "New York City Employers: Rules Implementing Freelancer Act Take Effect," published by SHRM. Subscription may be required to view article Read More

July 17, 2017
New York Law Journal

Victoria Woodin Chavey and Ana Shields Author "Pay Equity Litigation Trends"

July 17, 2017

Victoria Woodin Chavey and Ana Shields author "Pay Equity Litigation Trends," published by the New York Law Journal. Subscription may be required to view article Read More

July 6, 2017
SHRM

Jeffrey Brecher Discusses New Regulations for Overtime Rule

July 6, 2017

Jeffrey Brecher discusses the Department of Labor's intentions to revisit the salary limit set by the rule through new rulemaking in "DOL Abandons Defense of Increased Salary Level in 2016 Overtime Rule," published by SHRM. Subscription may be required to view article Read More

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See AllBlogs

Department Of Labor To Rescind 2011 Tip Pooling Regulation
July 20, 2017

Today the Trump Administration, through the Office of Management and Budget’s Office of Information and Regulatory Affairs, released the federal government’s semi-annual Unified Agenda of Regulatory and Deregulatory Actions. Read More

By Jackson Lewis P.C.

DOL Opinion Letters Are Back
June 27, 2017

The U.S. Read More

By Jeffrey W. Brecher and Adam Gross

DOL Withdraws Joint Employer and Independent Contractor Administrator’s Interpretations
June 9, 2017

U.S. Secretary of Labor Alexander Acosta announced on June 7, 2017, the immediate withdrawal of two Wage and Hour Division Administrator’s Interpretations (“AIs”) on joint employment and independent contractor status issued by the Obama administration. Administrator’s Interpretation No. Read More