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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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How The Tax Reform Bill Impacts Employers

May 10, 2018 - 12:00 PM to 1:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
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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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June 12, 2018

Nevada Supreme Court Rejects an Interpretation of ‘Health Insurance’ that Would Nullify State Wage System

June 12, 2018

In the last of a series of decisions reached by the Nevada Supreme Court interpreting the Minimum Wage Amendment (“MWA”) to the Nevada Constitution, the Court concluded that an employer may pay the lower of the state’s two-tier minimum wage “if the employer offers health insurance at a cost to the employer of the equivalent of at least... Read More

June 7, 2018

Number of Contingent Workers Inches Higher, DOL Survey Finds

June 7, 2018

The Department of Labor (DOL) has confirmed the gig economy is alive and well, but the number of workers has increased only slightly in the past decade. The DOL released its much-anticipated “Contingent and Alternative Employment Arrangements Survey” report on June 7, 2018. The number of U.S. workers classified as “contingent” (... Read More

May 7, 2018

California Supreme Court Broadens Definition of Employee in Independent Contractor Analysis

May 7, 2018

Diverging from decades-old precedent, the California Supreme Court has broadened the definition of “employee” in the context of the State’s Industrial Work Commission (IWC) wage orders when undertaking the employee-versus-independent contractor analysis. Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, 2018 Cal.... Read More

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June 18, 2018
TechTarget

Gregory Alvarez and Victor Barkalov Discuss Jackson Lewis' Commitment to Technology-Enabled Transformation

June 18, 2018

Gregory Alvarez and Victor Barkalov discuss the firm's strategic plan to provide clients with leading-edge technologies via self-service apps, automated data-driven compliance assessments, artificial intelligence and soon, chatbots, in "Law firm makes case for technology-enabled transformation,"... Read More

June 17, 2018
SHRM

Jonathan Siegel Discusses Hiring Errors Employers Can Avoid in California

June 17, 2018

Jonathan Siegel discusses common mistakes that employers should avoid in California's unique employment landscape in "5 Hiring Mistakes to Avoid in California," published by SHRM. Subscription may be required to view article Read More

June 12, 2018
SHRM

Jonathan Siegel Discusses Classification of Exempt and Nonexempt Workers in FLSA Audits

June 12, 2018

Jonathan Siegel discusses how employers can conduct FLSA audits to ensure accurate classification of exempt and nonexempt workers in "Rely on Interviews, Not Job Descriptions, for FLSA Audits," published by SHRM. Subscription may be required to view article Read More

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Class and Collective Action Waivers in Arbitration Agreements Do Not Violate the NLRA, Supreme Court Rules
May 21, 2018

In a closely watched – and closely decided – ruling, today the Supreme Court upheld the enforceability of class and collective action waivers in employment arbitration agreements.  Epic Systems Corp. v. Lewis, 137 S. Ct. 809, 2018 U.S. Read More

Florida Federal Court Provides Path for Employer Recovery of Attorney’s Fees in FLSA Cases
April 25, 2018

In most lawsuits filed under the Fair Labor Standards Act (FLSA), an employer’s ability to recover any attorney’s fees under the prevailing standard – that a plaintiff filed the case in “bad faith, vexatiously or wantonly” – is much too difficult to satisfy.  A recent decision from the U.S. Read More

Are Employers Willing to Risk Getting PAID?
April 11, 2018

Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime violations and avoid the risk of penalties or liquidated damages that would be imposed if the Agency discovered the violat Read More