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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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Archived

Aon/Jackson Lewis California 2018 Webinar - 5 Critical Employment Practices Liability and Wage & Hour Issues Facing Employers

July 10, 2018 - 4:00 PM to 5:00 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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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.
You cannot earn credit for watching the archived webinar.

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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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September 25, 2018

Door-to-Door Salesmen, Chauffeur Drivers Not Entitled to Overtime Pay under ‘Fair Reading’ of FLSA, Second Circuit Finds

September 25, 2018

Acknowledging its obligation to give a “fair reading” to all Fair Labor Standards Act (FLSA) overtime exemptions, as the U.S. Supreme Court stated in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018), in separate cases, the U.S. Court of Appeals for the Second Circuit concluded that door-to-door salespersons for an energy supply... Read More

September 24, 2018

Time Spent in Security Screening Compensable under Laws of Nevada and Arizona, Federal Court Rules

September 24, 2018

The laws of Nevada and Arizona require employers to pay their workers for time spent going through security screenings at the end of their shifts, the federal appeals court in Cincinnati has ruled. Busk et al. v. Integrity Staffing Solutions et al., Nos. 17-5784 and 17-5785 (6th Cir. Sept. 19, 2018). While the U.S. Supreme Court held... Read More

August 13, 2018

Independent Contractor Misclassifications is Focus of New Jersey-U.S. Labor Department Partnership

August 13, 2018

Demonstrating a heightened focus on worker misclassification, the New Jersey Department of Labor has entered into a memorandum of cooperation with the U.S. Department of Labor with respect to enforcement actions related to independent contractor misclassifications. Agency officials explained the arrangement promotes “coordinated... Read More

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October 1, 2018
State Bar of South Dakota

Joseph Dreesen Authors "Change In Overtime Exemption Rule Still In Flux"

October 1, 2018

 Joseph Dreesen authors "Change In Overtime Exemption Rule Still In Flux," published by the State Bar of South Dakota. Subscription may be required to view article Read More

September 26, 2018
Jackson Lewis

Guillermo A. Escobedo Appointed Vice President of San Diego La Raza Lawyers Association

September 26, 2018

SAN DIEGO, CA (September 26, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, congratulates Principal Guillermo A. Escobedo, who was appointed Vice President of the San Diego La Raza Lawyers Association (SDLRLA). During his one-year term, Mr. Escobedo plans to lead the objectives of SDLRLA, which includes... Read More

August 24, 2018
Law 360

Jeffrey Brecher Discusses Methods for Navigating Collective Action Certification in FLSA Suits

August 24, 2018

Jeffrey Brecher discusses strategies for businesses fighting certification in Fair Labor Standards Act cases in "How To Defeat Collective Action Certification In FLSA Suits," published by Law360. Subscription may be required to view article Read More

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U.S. Department of Labor Announces Creation of New Wage and Hour Compliance Outreach Office
September 5, 2018

Focusing on education to ensure compliance with the Fair Labor Standards Act, on August 28, 2018 Secretary of Labor Alexander Acosta announced the creation of the DOL’s new Office of Compliance Initiatives (OCI). Read More

By Jeffrey W. Brecher and Eric Magnus

Department of Labor Issues Additional FLSA Opinion Letters, Acknowledges New “Fair Reading” Standard for Overtime Exemptions
September 4, 2018

In furtherance of a practice reinstituted earlier this year, on August 28, 2018 the DOL’s Wage Hour Division (WHD) issued four new opinion letters covering FLSA topics. The current administration began that practice when, in January of this year, it reinstated seventeen opinion letters originally issued during the George W. Read More

By Jeffrey W. Brecher and Eric Magnus

Just as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit Holds
August 29, 2018

In a natural extension of the Supreme Court’s recent conclusion that the NLRA does not preclude the use of class or collective action waivers in employment-related arbitration agreements, the Sixth Circuit Court of Appeals has confirmed that such waivers are likewise permitted under the FLSA. Gaffers v. Kelly Services, 2018 U.S. App. 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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