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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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April 4, 2019

New York Employees Get Up To Three Hours of Paid Time Off to Vote

April 4, 2019

A revision to New York’s election law gives workers in the state up to three hours of paid time off to vote, Governor Andrew Cuomo highlighted in an announcement released on April 1, 2019, about New York’s enacted budget for fiscal year 2020. Effective immediately, the New York Election Law § 3-110 reads as follows: A registered... Read More

April 3, 2019

Department of Labor Proposes Updated Interpretation of Joint Employer Standard Under the FLSA

April 3, 2019

Since 1939, regulations interpreting the Fair Labor Standards Act (FLSA) have recognized that two or more “employers” can be jointly and severally liable for a single employee’s hours worked under the Act. However, the U.S. Department of Labor (DOL) has not meaningfully updated its joint employer regulation in more than 60 years. That... Read More

April 2, 2019

Department of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’

April 2, 2019

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA). The FLSA generally requires employers to pay non-exempt employees overtime pay at one-and-one-half times their “regular rate” for all hours... Read More

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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

April 4, 2019
Hotel Business

Brendan Sweeney Comments on the Proposed Rule Change to the Joint Employer Standard

April 4, 2019

Brendan Sweeney comments on the implications of the DOL issuing a Notice of Proposed Rulemaking to revise and clarify the joint employer rule in "Who Benefits From Proposed Joint Employer Rule Change?" published by Hotel Business. Subscription may be required to view article Read More

March 28, 2019
Wolters Kluwer Employment Law Daily

Jeffrey Brecher Comments on the DOL Issuing Proposal to Update Regular Rate Regulations

March 28, 2019

Jeffrey Brecher comments on the U.S. Department of Labor announcing a proposed rule to clarify and update the regulations governing regular rate requirements for the first time in more than 50 years in "DOL proposal would update, clarify ‘regular rate’ in a move that’s ‘good for everyone’" published by Employment Law Daily... Read More

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When an FLSA Blended Rate Improperly Acts as a Regular Rate: A Case in Point
March 22, 2019

The Fair Labor Standards Act (FLSA) generally requires employers to pay non-exempt employees overtime pay at one and one-half times their “regular rate” of pay for all hours worked over 40 in a given workweek. Read More

Comment Period Now Underway for New DOL Overtime Rule
March 22, 2019

Earlier this month, the U.S. Read More

“Catalyst” Test Applicable to Awarding Attorney’s Fees for State Wage and Hour Claims, Massachusetts Supreme Judicial Court Holds
March 12, 2019

Rejecting the federal standard for determining whether a party has “prevailed” on his or her claim under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 & 150, the Massachusetts Supreme Judicial Court has held instead that the less-stringent “catalyst” test applies. 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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