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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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December 11, 2018

New York State Department of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations

December 11, 2018

The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order — hotels and restaurants — are not covered by the current proposed regulations). The proposed regulations... Read More

December 6, 2018

2019 Minimum Wage Rate Increases: The List Grows

December 6, 2018

While the federal minimum wage has remained stalled at $7.25 an hour since 2009, there has been significant movement at the state level, with some states enacting a minimum wage rate that is now more than double the federal level. Seattle is currently the leader for 2019, increasing its minimum wage to $16.00 per hour beginning in... Read More

November 30, 2018

Oregon Publishes Final Rule Implementing its Expansive Equal Pay Act, Effective January 1, 2019

November 30, 2018

A majority of the provisions of Oregon’s Equal Pay Act will go into effect on January 1, 2019. The Act’s ban on salary history inquiries went into effect in October 2017. Beginning 2019, the Bureau of Labor and Industries (BOLI) will enforce the Act, including the inquiry ban, and employees and applicants may file claims with BOLI.... Read More

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December 9, 2018
Richmond Times-Dispatch

Adam Lounsbury Authors "Your Business and Independent Contractor Misclassification"

December 9, 2018

Adam Lounsbury authors "Your Business and Independent Contractor Misclassification" published by the Richmond Times-Dispatch. Read More

November 30, 2018
Jackson Lewis

Four Jackson Lewis Attorneys Named Among the Top Latino Lawyers of 2018

November 30, 2018

WHITE PLAINS, NY (November 30, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principal Gregory T. Alvarez, Principal Jason C. Gavejian, Of Counsel Angela Quiles Nevarez and Principal Pedro Jaime Torres-Díaz have been named to the “Top Latino Lawyers 2018” list compiled by... Read More

November 28, 2018
The Indiana Lawyer

Brendan Sweeney Discusses Arbitration Agreements After 7th Circuit Ruling

November 28, 2018

Brendan Sweeney discusses implications of the 7th Circuit ruling in Pamela Herrington v. Waterstone Mortgage Corp. and the importance of clearly drafting employment agreements in "In labor arbitration class action, 7th Circuit asks, ‘What happens next?’ published by the Indiana Lawyer. Subscription may be... Read More

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Arkansas, Missouri Voters Approve Minimum Wage Increases
November 27, 2018

By overwhelming majorities, voters in Arkansas and Missouri have approved incremental minimum wage increases over the next several years. In Arkansas, Issue 5 (the Minimum Wage Increase Initiative (2018)) was approved by a margin of approximately 68% to 32%. Read More

DOL Eliminates Employer-Plaguing “80/20” Tip Credit Rule
November 8, 2018

The Department of Labor (“DOL”) today rescinded its prior guidance that made the tip credit unavailable to tipped employees who spend more than 20% of their time performing allegedly non-tip generating duties. Read More

By Jeffrey W. Brecher and Eric Magnus

U.S. Department of Labor Announces Creation of New Wage and Hour Compliance Outreach Office
September 5, 2018

Focusing on education to ensure compliance with the Fair Labor Standards Act, on August 28, 2018 Secretary of Labor Alexander Acosta announced the creation of the DOL’s new Office of Compliance Initiatives (OCI). Read More

By Jeffrey W. Brecher and Eric Magnus

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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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