Search form

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

See All
Showing 1-8 of 147
Advanced Filtering
All A-Z
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
See All
Showing 1-8 of 147

See All Upcoming Events

Apr 20

Melville, NY
Save the Date

SHRM Long Island Breakfast Series: The Future is Now: How and Why “Big Data” Is Changing the Workplace – and HR – As We Know It

April 20, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
Save the Date

Apr 27

Riverhead, NY
Save the Date

SHRM Long Island Breakfast Series: What a Pain: How to Respond to Difficult Disability Management Issues

April 27, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
Save the Date

May 18

Melville, NY
Save the Date

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

May 18, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
Save the Date

See All Webinars

Archived

Watch Now

Texas Judge Issues Preliminary Injunction Blocking DOL’s Overtime Regulation—Now What?

November 28, 2016 - 12:00 PM to 12:45 PM EST
Watch Now

Archived

Watch Now

California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Watch Now

Archived

Watch Now

California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Watch Now

See AllPublications

Advanced Filtering
Showing 1-3 of 132
Newest
Most Read
March 22, 2017

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

March 22, 2017

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced by Senators Marco Rubio and Ted Cruz, both of whom have known Acosta for years. Rubio described Acosta as... Read More

March 16, 2017

Arizona’s Voter-Approved Minimum Wage, Paid Sick Leave Law Constitutional, State High Court Affirms

March 16, 2017

In a much-anticipated decision, the Arizona Supreme Court has unanimously ruled to uphold Proposition 206, the November 2016 ballot initiative that increases the Arizona minimum wage and requires employers in the state to offer paid sick leave to employees. Chief Justice Scott Bales stated in the March 14 order that the seven-member... Read More

March 13, 2017

Puerto Rico Enacts Equal Pay Law, Prohibits Employers from Inquiring about Past Salary History

March 13, 2017

Almost two months after signing sweeping employment law reform, Governor Ricardo Rosselló has signed Puerto Rico Act No. 16 of March 8, 2017, known as the “Puerto Rico Equal Pay Act.” Act 16 is effective immediately. Although modeled after the federal Equal Pay Act, Act 16 goes further, limiting instances in which... Read More

Showing 1-3 of 132

See AllIn the News

Showing 1-3 of 150
Newest
Most Read
March 27, 2017
SHRM

Mickey Silberman Comments on Conducting Fair-Pay Audits

March 27, 2017

Mickey Silberman comments on multi-state employers conducting a federal analysis to see if their pay practices are in line with the Equal Pay Act and Title VII of the Civil Rights Act of 1964 in "How to Conduct a Multi-state Fair-Pay Audit," published by SHRM. Subscription may be required to view article Read More

March 22, 2017
Bloomberg BNA

Paul DeCamp Discusses Implications of Overtime Rule

March 22, 2017

Paul DeCamp discusses implications of overtime eligibility and challenges for employers in "Acosta Unsure About Using Pay Level for Overtime Eligibility," published by Bloomberg BNA. Subscription may be required to view article  Read More

March 22, 2017
Bloomberg BNA

Paul Decamp Discusses Connecticut's Ruling on Independent Contractor Classification

March 22, 2017

Paul DeCamp discusses Connecticut's Supreme Court decision on the state’s independent contractor classification in "Employee or Contractor? Connecticut Court Weighs Many Factors," in Bloomberg BNA. Subscription may be required to view article Read More

Showing 1-3 of 150

See AllBlogs

Arizona’s Voter-Approved Minimum Wage, Paid Sick Leave Law Constitutional, State High Court Affirms
March 16, 2017

http://www.jacksonlewis.com/publication/arizona-s-voter-approved-minimum-wage-paid-sick-leave-law-constitutional-state-high-court-affirms… C Read More

St. Louis Minimum Wage Ordinance Valid, Missouri High Court Rules
March 3, 2017

http://www.jacksonlewis.com/publication/st-louis-minimum-wage-ordinance-valid-missouri-high-court-rules… Continue Reading Read More

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule
February 22, 2017

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the Department of Justice for an extension. Read More