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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 more than 60 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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How to Comply With Minnesota’s New Employee Notice and Recordkeeping Laws

July 11, 2019 - 12:00 PM to 1:00 PM CST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Creating Executive Compensation Arrangements that Comply with California Law

May 29, 2019 - 3:00 PM to 4:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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DOL Issues New Guidance Rescinding the 20% Rule: What This Means for Managing Tipped Employees

November 14, 2018 - 3:00 PM to 3:45 PM EST
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August 21, 2019

Federal Motor Carrier Safety Agency Proposes Changes to Hours of Service Rules for Truck Drivers

August 21, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on changes to the hours of service (HOS) rules. Background First adopted in 1937, FMCSA’s HOS rules set the permitted operating hours of commercial drivers. FMCSA mandated use of... Read More

August 7, 2019

New Jersey Wage Theft Law Increases Employer Liability for Wage and Hour Violations

August 7, 2019

New Jersey’s Wage Theft Act (WTA) significantly enhances employer penalties under the state’s wage and hour laws by adding liquidated damages and providing extra protections for employee retaliation claims. In addition, the WTA makes client-employers and labor contractors jointly and severally liable “for any violations of the provisions... Read More

August 5, 2019

Colorado Employer’s Vacation Policy that Included Forfeiture Provision Upheld

August 5, 2019

An employer’s vacation policy did not violate the Colorado Wage Claim Act (CWCA), despite stating that employees forfeit earned vacation pay if they are discharged or quit without giving two weeks’ notice, the Colorado Court of Appeals has held. Nieto v. Clark’s Market, Inc., 2019 COA 98 (Colo. App. June 27, 2019). Background... Read More

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July 29, 2019
Law 360

Jeffrey Brecher Comments on Implications of Newly Proposed Tip Pooling Rule

July 29, 2019

Jeffrey Brecher comments on the implications of the Labor Department moving ahead with a new rule on tip sharing arrangements in "Tip Pool Rule Nears Final Hurdle Amid DOL Auditor Probe," published by Law360. Subscription may be required to view article Read More

June 4, 2019
Jackson Lewis

Jackson Lewis Attorneys Recognized as the Nation's Most Powerful

June 4, 2019

WHITE PLAINS, NY (June 4, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, congratulates Chairman Emeritus Vincent A. Cino, along with Principals Neil H. Dishman, Maurice G. Jenkins, René E. Thorne and Richard F. Vitarelli for their inclusion in Human Resource Executive magazine’s “Most Powerful... Read More

April 9, 2019
Business Insurance

Brendan Sweeney Comments on Implications of the DOL's Proposed Joint Employer Regulation Change

April 9, 2019

Brendan Sweeney comments on the implications of the proposed joint employer regulation change announced by the U.S. Department of Labor in "Joint employer rule provides clarity but may be overturned by court," published by Business Insurance.  Subscription may be required to view article Read More

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Truck Drivers’ Sleeper Berth Time Is Presumptively Not Compensable Under the FLSA, DOL Concludes
July 24, 2019

In a welcome reversal of its prior guidance, on July 22, 2019, the U.S. Read More

U.S. House of Representatives Passes $15 Minimum Wage Bill
July 18, 2019

After six months of primarily internal Democratic Party wrangling, on July 18, 2019 the House of Representatives passed the Raise the Wage Act, which, if it became law, would progressively increase the federal minimum wage to $15.00 per hour over a six-year period. Read More

Lack of Alignment Between Employer’s Payroll Workweek and FLSA “Workweek” Results in Overtime Liability, First Circuit Holds
June 28, 2019

Although the Fair Labor Standards Act (FLSA) includes an overtime exception for employees who reside on the work premises for an “extended” period of time – at least 120 hours in a “workweek” – that exception is inapplicable if an employer’s payroll workweek does not coincide with an employee’s scheduled workweek for at least that...̷ Read More

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May 8

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Predictive Scheduling Laws

Talley Parker and Tracey Wallace discuss the recent developments surrounding predictive scheduling laws and what employers can do to meet predictive scheduling regulations. 

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