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 146
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 146

See All Upcoming Events

Mar 16

Melville, NY
Register Now

SHRM Long Island Breakfast Series: Wage and Hour Series, Part II: Let’s See What the DOL Has to Say About This

March 16, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
Register Now

Mar 16

Reston, VA
Register Now

Government Contractor Employment Law Symposium

March 16, 2017 - 8:00 AM to 5:00 PM
1800 Presidents Street - Reston, VA
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Register Now

Mar 23

Riverhead, NY
Register Now

SHRM Long Island Breakfast Series: This Escalated Quickly: How to Protect Yourself If And When a Case Goes To Trial

March 23, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
Register Now

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 128
Newest
Most Read
February 17, 2017

New York State Regulations Governing Payroll Debit Cards (Scheduled to Become Effective March 7) Held Invalid and Revoked

February 17, 2017

The New York State Department of Labor (NYSDOL) issued final regulations in September 2016, significantly restricting the use of payroll debit cards and imposing disclosure and consent requirements for direct deposit. The regulations (12 NYCRR §192) were to become effective on March 7, 2017. However, in a February 16, 2017... Read More

February 8, 2017

California Court Provides Additional Guidance on Timecard Rounding, Grace Period Claims

February 8, 2017

Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v. See’s Candy Shops, Inc., No. D068136 (Dec. 9, 2016, published Jan. 5, 2017) (“See’s Candy... Read More

February 3, 2017

Part-Time Employees Get First Chance at Extra Hours under New San José Ordinance

February 3, 2017

Employers in San José, California, must offer additional work hours to existing qualified part-time employees before hiring new employees beginning March 13, 2017, under the Opportunity to Work Ordinance. Covered Employers and Employees The Ordinance, or Measure E, passed by voters in 2016, applies to San José employers (... Read More

Showing 1-3 of 128

See AllIn the News

Showing 1-3 of 144
Newest
Most Read
February 21, 2017
Bloomberg BNA

Eric Magnus Discusses Wage and Hour Compliance Under the Trump Administration

February 21, 2017

Eric Magnus discusses wage and hour law and best practices for compliance under the Trump administration in "Compliance Outlook: Avoiding Common Wage-Hour Violations," published by Bloomberg BNA. Subscription may be required to view article Read More

February 21, 2017
Bloomberg BNA

Jeffrey Brecher Comments on DOJ's Extension Request for Overtime Rule

February 21, 2017

Jeffrey Brecher comments on the Justice Department's request for additional time to determine its position on overtime rule appeal in "Trump Administration Extension Request Clouds Overtime Litigation," published by Bloomberg BNA. Subscription may be required to view article Read More

February 17, 2017
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Provide Commentary, Insight in Wolters Kluwer Briefing on Labor and Employment Law Developments for 2017

February 17, 2017

Commentary and insight from Jackson Lewis attorneys K. Joy Chin, Paul Patten, Richard I. Greenberg, Jeffrey W. Brecher, Joy M. Napier-Joyce, Howard M. Bloom and Philip B. Rosen are featured in Wolters Kluwer's "Federal agencies: What happened in 2016-will 2017 be different?", a briefing on labor and... Read More

Showing 1-3 of 144

See AllBlogs

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

Philadelphia Mayor Signs into Law Legislation to Ban Inquiries into Wage History – Update
February 3, 2017

On January 23, 2017, Philadelphia Mayor Kenney signed the Wage History Ordinance into law, making Philadelphia the first major U.S. city to make it illegal for employers to inquire about a potential employee’s salary history. Employers have 120 days to comply as the bill will be effective as of May 23, 2017. Read More

NYSDOL Adopts Regulations Implementing State Law Limiting Employer’s Right to Restrict Employee Discussion Regarding Wages
January 31, 2017

In October 2015, New York amended its equal pay law making it unlawful for an employer to prohibit employees from inquiring about, discussing, or disclosing their wages or the wages of other employees.  N.Y. Lab. Read More