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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

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Texas Judge Issues Preliminary Injunction Blocking DOL’s Overtime Regulation—Now What?

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April 18, 2018

Massachusetts Equal Pay Act Calculation Tool: What Employers Need to Know

April 18, 2018

Ever since Massachusetts Governor Charlie Baker signed the state Equal Pay Act (MEPA) on August 1, 2016, employers have been seeking direction on how employee pay should be analyzed to withstand scrutiny under the new law. MEPA goes into effect on July 1, 2018. On March 1, 2018, the Massachusetts Office of the Attorney General (OAG)... Read More

April 4, 2018

Retail Industry Workplace Law Update – Spring 2018

April 4, 2018

When ICE Knocks Immigration and Customs Enforcement, or ICE, is responsible for enforcement of laws related to unlawful employment of workers, and the agency’s increased enforcement activities should have retailers reviewing their plans. Read full article… Washington Ban-the-Box Law Limits Criminal Background Inquiries Retailers... Read More

April 3, 2018

Supreme Court Exempts Auto Service Advisors from Overtime, Rejects ‘Narrow Construction’ Principle in Applying FLSA Exemptions

April 3, 2018

After years of litigation, including two trips to the U.S. Supreme Court, on whether service advisors who work in an automobile dealership are exempt from overtime under the Fair Labor Standards Act (FLSA), the Court finally has held, in a 5-4 decision, that service advisors are exempt from overtime under the “automobile dealer”... Read More

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April 18, 2018
Jackson Lewis

Theresa M. Marchlewski and Leonora M. Schloss Honored as “Most Influential Women Attorneys" by Los Angeles Business Journal

April 18, 2018

LOS ANGELES, CA (April 18, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principals Theresa M. Marchlewski and Leonora M. Schloss have been recognized as two of Los Angeles’ “Most Influential Women Attorneys” by the Los Angeles Business Journal. The list honors 75 of the most... Read More

April 17, 2018
Bloomberg BNA

Jeffrey Brecher Comments on New Tip Pooling Guidelines for Employers

April 17, 2018

Jeffrey Brecher comments on new tip-pooling requirements and changes to the FLSA and DOL guidance in "Employers Must Mesh New Federal Tip-Pool Rules With State Laws," published by Bloomberg BNA. Subscription may be required to view article  Read More

April 2, 2018
Law 360

Jeffrey Brecher Comments on the Supreme Court Denying Overtime Pay to Service Advisors at Auto Shops

April 2, 2018

Jeffrey Brecher comments on the recent Supreme Court ruling that car dealerships' service advisers, like car salesmen and mechanics, are exempt under federal law from overtime pay requirements in "High Court Endorses Broader View Of FLSA Exemptions," published by Law360.  Subscription may be required to view article Read More

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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

Department of Labor Issues Initial Guidance on Tip Pooling Amendment
April 11, 2018

This week the Department of Labor issued new guidance, in a “Field Assistance Bulletin,” on the recent amendment to the FLSA regarding tip sharing.  The recent amendment to the FLSA (which was included in the omnibus budget bill) bars “supervisors or managers” from retaining tips but expressly allows tipped workers to share tips with non- Read More

Supreme Court Exempts Automobile Service Advisors from Overtime, Rejects ‘Narrow Construction’ Principle under FLSA
April 4, 2018

After years of litigation, this week the Supreme Court concluded that service advisors who work in an automobile dealership are exempt from overtime under the FLSA.  Much more profoundly, the Court unequivocally rejected the principle, a longstanding bane to employers, that FLSA exemptions should be “narrowly construed” due to the Act’s s Read More