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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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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
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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September 15, 2017

California on Brink of Further Expansion of Fair Pay Protections

September 15, 2017

California’s legislature is close to passing three bills to expand the state’s fair pay laws. The bills, introduced in early 2017, were designed to expand upon, or clarify, the amended California Fair Pay Act (CFPA). The bills include: Assembly Bill (AB) 1209: To require employers with at least 500 employees in California to... Read More

September 8, 2017

DOL’s ‘80/20’ Tip Credit Rule Entitled to No Deference, Ninth Circuit Holds, Creating Circuit Split

September 8, 2017

Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit has held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the availability of the tip credit when tipped employees spend more than 20% of their time performing allegedly non-... Read More

September 5, 2017

Connecticut Wage Regulations Bar Fluctuating Workweek Method in Calculating Overtime Pay for Retail Workers

September 5, 2017

State wage regulations promulgated by the Connecticut Department of Labor prohibit use of the “fluctuating work week” method of calculating overtime pay for mercantile (retail) employees, the Connecticut Supreme Court has held. Williams v. General Nutrition Centers, Inc., 326 Conn. 651 (Conn. 2017). The Court was responding to a... Read More

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September 6, 2017
HFM Compliance

Jonathan Bing Comments on New York's Salary History Inquiry Ban

September 6, 2017

Jonathan Bing comments on New York hedge funds facing new hiring hurdles as a local anti-discrimination law stops employers from asking for current salaries in "Secret salaries: New York hedge funds face recruitment shake-up," published by HFM Compliance. Subscription may be required to view article Read More

August 28, 2017
American Bankruptcy Trustee Journal

Michael Jakowsky Authors "Warning to All Trustees: The Worker Adjustment Retraining and Notification Act ('WARN') May Be Lurking in Your Corporate Cases"

August 28, 2017

Michael Jakowsky authors "Warning to All Trustees: The Worker Adjustment Retraining and Notification Act ('WARN') May Be Lurking in Your Corporate Cases," published by American Bankruptcy Trustee Journal. Read More

August 15, 2017
SHRM

James Carter Comments on Reimbursing California Employees’ Business Expenses

August 15, 2017

James Carter comments on what employers need to know regarding California’s business expense reimbursement rules in "Tips for Reimbursing California Employees’ Business Expenses," published by SHRM. Subscription may be required to view article Read More

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See AllBlogs

Department of Labor Moves to Dismiss Appeal on Obama-Era Overtime Rule
September 5, 2017

As anticipated following last week’s decision by the U.S. Read More

North Carolina’s New Employee Misclassification Law: What Will Be the Practical Effect?
August 31, 2017

Effective December 31, 2017, the North Carolina Employee Fair Classification Act, signed into law on August 11th, creates the Employee Classification Section of the North Carolina Industrial Commission. Read More

Hair Today, Gone Tomorrow: Seventh Circuit Rejects Claim That Cosmetology Trainees Were Employees
August 16, 2017

Former cosmetology students are not employees entitled to pay under the FLSA and various state laws, the Seventh Circuit holds, rejecting the Department of Labor’s six-factor test but declining to adopt any bright-line test. Hollins v. Regency Corporation, 2017 U.S. App. LEXIS 15076 (7th Cir. Aug. 14, 2017). Read More