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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

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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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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.

Archived

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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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February 11, 2019

California’s Reporting Time Pay Applies to Telephone Calls to Confirm Scheduled Shifts

February 11, 2019

For more than 75 years, California’s Wage Order No. 7 has required employers to compensate employees with reporting time pay if employees are required to report for work and in fact show up, but are then provided less than an established minimum number of hours of work or are provided with no work at all. Instead of actually requiring... Read More

February 1, 2019

New York Legislative Update — 2019 Starts With a Roar

February 1, 2019

The New York State Legislature gaveled in for the 2019-2020 Legislative Session on January 9, 2019, with Democrats in control of all three chambers of New York State government for the first time since the 2008-2009 session. As expected, the Democrats are flexing their muscles and progressive legislation traditionally stalled in a... Read More

January 31, 2019

Indiana Supreme Court Rules Driver Not Employee of Business Connecting Drivers with Customers

January 31, 2019

A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled. Q.D.-A, Inc. v. Indiana Dep’t of Workforce Dev., No. 19S-EX-43 (Jan. 23, 2019). Resolving conflicting lower... Read More

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February 20, 2019
Jackson Lewis

Jackson Lewis Names Kyle B. Russell as Managing Principal of Kansas City Region Offices

February 20, 2019

OVERLAND PARK, KS (February 20, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Kyle B. Russell has been named Managing Principal of the firm’s Overland Park, Kansas, and Kansas City, Missouri, offices. Mr. Russell has served as the Litigation Manager in both offices since 2015.... Read More

February 11, 2019
Jackson Lewis

William R. Stukenberg Appointed Managing Principal of Jackson Lewis' Houston Office

February 11, 2019

HOUSTON, TX (February 11, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce William R. Stukenberg has been named Office Managing Principal in Houston. Mr. Stukenberg focuses his practice on a wide range of areas, ranging from day-to-day employment counseling to complex employment... Read More

February 1, 2019
Jackson Lewis

Nicky Jatana Named Among Most Influential Minority Attorneys in Los Angeles

February 1, 2019

LOS ANGELES, CA (February 1, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principal Nicky Jatana has been named one of the “Most Influential Minority Attorneys in Los Angeles” by the Los Angeles Business Journal. Ms. Jatana was selected based on her commitment to diversity and... Read More

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Illinois Governor Signs $15 Minimum Wage Law
February 20, 2019

As anticipated, today Governor J.B. Pritzker signed the “Lifting Up Illinois Working Families Act,” under which the state’s minimum wage will increase to $15.00 per hour over the next six years. Read More

USDOL’s Wage & Hour Division Issues Internal Guidance Regarding Elimination of the “80/20” Tip Credit Rule
February 20, 2019

Last November, the United States Department of Labor (USDOL) issued Opinion Letter FLSA2018-27, rescinding the so-called “80/20” Tip Credit Rule, a provision that during the last decade had spawned a cottage industry of “80/20” cases.  These cases sought to dissect the duties of a server between those that allegedly generated tips and tho Read More

By Jeffrey W. Brecher and Eric Magnus

Illinois Legislature Approves Bill to Raise Minimum Wage to $15.00, Sends to Governor for Signature
February 15, 2019

(Update from an earlier post) The Illinois legislature has now passed the “Lifting Up Illinois Working Families Act,” under which the state’s minimum wage will increase to $15.00 per hour over the next six years. Governor J.B. 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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