Wage and Hour
One of the fastest growing areas of litigation is wage and hour violations. The federal government and many state governments have increased their efforts to investigate and prosecute wage and hour violations. It is therefore extremely important that all employers have legal and up-to-date wage and hour policies and that those policies are consistently enforced. Possible violations include:
- Incorrect classification of workers as “exempt,”
- Incorrect classification of workers as independent contractors,
- Not paying your employees at the correct frequency,
- Not providing terminated employees with the correct compensation upon their departure from the company,
- Not maintaining proper records in order to comply with the law,
- Incorrect calculation of work time and non-work time, and
- Not providing employees with required break periods.
We help clients maintain compliance with all applicable laws to minimize claims. If our client is under investigation or has been charged by the Department of Labor or other agency, we advocate on their behalf and implement creative strategies to eliminate or minimize penalties and fines.
Wage and Hour Victories
- We convinced a Department of Labor Assistant Commissioner to dismiss an employee’s claim for an unpaid bonus at the investigatory stage, thus avoiding any personal appearances or client time expended preparing for the hearing.
- A national client uncovered several wage payment issues which arguably violated Federal wage and hour laws. We helped evaluate liability and calculate back pay. We then assisted our client to reach a national accord with the Federal Department of Labor, thus avoiding Fair Labor Standards Act damages including treble damages and attorneys’ fees as well as the numerous state law claims.