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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.

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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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

August 6, 2018

Labor Department Independent Contractors Guidance Targets Home Care, Nursing, Caregiver Registries

August 6, 2018

In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry. The Department of Labor (DOL) issued Field Assistance Bulletin No. 2018-4 (“Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver”) on July 13, 2018, to provide... Read More

July 24, 2018

New York City DCA Issues Guidance on Temporary Schedule Change Amendments to Fair Workweek Law

July 24, 2018

The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers Need to Know” as guidance on the temporary schedule change provisions of the New York City Fair Workweek Law.... Read More

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August 9, 2018
Massachusetts Lawyers Weekly

Samia Kirmani Discusses the Massachusetts Equal Pay Act

August 9, 2018

Samia Kirmani discusses the recently enacted Massachusets Equal Pay Act and what it means for employers in "Law firms face their own MEPA perils, experts warn," published by Massachusetts Lawyers Weekly. Subscription may be required to view article Read More

July 10, 2018
Long Island Business News

Brendan Sweeney Spotlighted in Ones to Watch: Law

July 10, 2018

Brendan Sweeney is spotlighted as an attorney to watch in the feature "Ones to Watch: Law," published the Long Island Business News.  Subscription may be required to view article Read More

July 9, 2018
Bloomberg BNA

Jeffrey Brecher Comments on Implications of the DOL's Payroll Audit Independent Determination Program

July 9, 2018

Jeffrey Brecher comments on implications of the DOL's nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which facilitates resolution of potential overtime and minimum wage violations under the FLSA in "Labor Dept. Still Doubling Down on Most Wage Settlements," published by Bloomberg... Read More

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Taco Bell’s Prohibition on Employees “Heading for the Border” With Discounted Meals Does Not Violate California Meal Break Law, Ninth Circuit Rules
August 7, 2018

Affirming a district court order dismissing a putative class action, the Ninth Circuit Court of Appeals has held that Taco Bell’s policy of requiring employees to eat employer-discounted meals in the restaurant does not convert the meal period into “on duty” time such that the meal period becomes compensable under California law. Read More

Restaurant Industry Association Files Suit Challenging “80/20” Rule
July 13, 2018

The Restaurant Law Center, a public policy affiliate of the National Restaurant Association, has filed suit against the Department of Labor and its Wage and Hour Division, seeking to declare unlawful the DOL’s 2012 revision to its Field Operations Handbook, purporting to establish, through sub-regulatory guidance, the “80/20” tip credit r Read More

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

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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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