Search form

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

See All
Showing 1-8 of 156
Advanced Filtering
All A-Z
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
See All
Showing 1-8 of 156

See All Webinars

Archived

Watch Now

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

November 28, 2016 - 12:00 PM to 12:45 PM EST
Watch Now

Archived

Watch Now

California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Watch Now

Archived

Watch Now

California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Watch Now

See AllPublications

Advanced Filtering
Showing 1-3 of 155
Newest
Most Read
February 20, 2018

Georgia Supreme Court Clarifies Insurance Company is Not ‘Financial Institution’ in Garnishment Law

February 20, 2018

An insurance company named as a garnishee in a garnishment action is not a “financial institution” under Georgia’s garnishment statute when the garnishment is seeking earnings owed to its current or former employees. May 2016 Amendment Apparently responding to a federal judge’s 2015 ruling that portions of Georgia’s post-judgment... Read More

February 7, 2018

Déjà Vu: Implications of a Government Shutdown on Federal Contractors

February 7, 2018

For the second time in a month, for lack of agreement on funding the government long-term, we face the specter of a government shutdown. The government shutdown that began on January 20, 2018, lasted three days. Congress ended that shutdown after voting on a stopgap measure to fund the government until February 8, 2018. As that date... Read More

January 29, 2018

Fitness Industry Workplace Law Update – Winter 2018

January 29, 2018

Welcome to our premiere issue! Our goal is to keep fitness industry clients and contacts informed about employment and labor law issues that may affect your organizations. We hope you find this newsletter valuable and invite you to share it with interested colleagues and contacts. In this issue, we provide a brief summary of hot... Read More

Showing 1-3 of 155

See AllIn the News

Showing 1-3 of 181
Newest
Most Read
February 15, 2018
Law 360

Gregory Alvarez Comments on NJ Justices' Recent Ruling on Unemployment Compensation

February 15, 2018

Gregory Alvarez comments on the recent New Jersey Supreme Court decision denying unemployment benefits to a nurse who never informed her employer she was leaving due to medical reasons in "NJ Justices' Unemployment Ruling Invites Changes To Law," published by Law360. Subscription may be required to view article Read More

February 1, 2018
HR Dive

Alison Crane Comments on the DOL's New Guidelines for Unpaid Internships

February 1, 2018

Alison Crane comments on the DOL approving a new test for unpaid interns offering the potential of increased flexibility for employers in "Will unpaid internships make a comeback in light of new guidelines?" published by HR Dive. Subscription may be required to view article Read More

January 29, 2018
HR Dive

Jeffrey Brecher Comments on FLSA Compliance

January 29, 2018

Jeffrey Brecher comments on wage and hour laws including requirements for minimum wage, overtime, hours worked, child labor, and meal and break time in "7 compliance issues every HR leader should know," published by HR Dive.  Subscription may be required to view article Read More

Showing 1-3 of 181

See AllBlogs

Pennsylvania Governor Seeks to Expand Overtime Pay to Currently Exempt Employees
January 22, 2018

Frustrated by years of unsuccessful efforts to raise the minimum wage through the state’s Republican-controlled legislature, and in response to the recent federal court invalidation of the Obama-era DOL’s rule that would have doubled the minimum salary requirement for the executive, administrative and professional exemptions (i.e. Read More

Supreme Court (Re)hears Oral Argument on Application of Automobile Dealer Exemption to Service Advisors
January 22, 2018

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Read More

It’s Cut and Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology and Hair Design Students Were Interns, Not Employees
December 21, 2017

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held.  Benjamin v. B&H Education, 2017 U.S. App. LEXIS 25672 (9th Cir. Dec. Read More