Wage & Hour Compliance & Litigation
Overview
With the dramatic increase in wage and hour claims and constant changes in federal and state regulations, wage and hour compliance has achieved an unparalleled importance for employers. Claims based on alleged violations of federal and state wage and hour laws have proliferated and become a primary focus for plaintiffs’ counsel. Employers must ensure that both their wage and hour policies and practices comply with applicable federal and state laws or risk substantial exposure.
Locke Lord possesses a well-regarded, national wage and hour defense practice that stands ready to assist employers. Over the years, we have defended numerous wage and hour investigations by the United States Department of Labor and similar state agencies. Locke Lord’s labor and employment attorneys regularly perform compliance audits for our clients, as well as provide guidance regarding issues such as employee classification, hours worked, overtime pay, recordkeeping, and payroll expense control and planning. Locke Lord’s compliance assistance also includes management training, policy preparation, and the administration of payroll disputes.
Our wage and hour attorneys also stand ready to go to court to represent our clients in individual and collective action litigation. We have substantial experience in defending employers against claims brought under the Fair Labor Standards Act, or similar state laws, before federal and state trial and appellate courts. Common litigation matters with which we have assisted our clients include:
- Collective action certification
- Exemption classification
- Unpaid overtime
- Minimum wage
- "Off the clock,” on-call, and other critical hours worked disputes
- Independent contractor classification
- Recordkeeping
From Locke Lord’s national footprint, our wage and hour attorneys are able to quickly and effectively respond to wage and hour compliance issues, investigations and lawsuits wherever our clients face such challenges. We provide our clients innovative and effective strategies to promote timely and cost-minded resolution of wage and hour matters that serve the best interests of our clients.
- Represented a governmental unit in front of the United States Supreme Court regarding an alleged violation of the Fair Labor Standards Act concerning the required use of compensatory time.
- Represented a food market and catering outfit in a collective action alleging wage and hour violations under federal and New York law.
- Defended a New Jersey health care concern in a wage and hour collective action complaint.
- Represented a California-based skilled nursing facility in a collective action alleging various wage and hour violations, and compelled the matter to arbitration, eliminating the possibility of a jury trial on the claims.
- Obtained resolution on behalf of oil field services company in wage and hour collective action seeking overtime compensation, as well as a parallel Department of Labor investigation.
- Defended national multi-family housing company in collective action wage and hour matter.
- Obtained settlement for software company of FLSA collective action overtime pay lawsuit.
- Defended a non-profit company in a collective action wage and hour matter.
- Represented numerous employers in the construction, service, and multi-family housing industries in overtime investigations by the United States Department of Labor.
- Defended various clients in Department of Labor (DOL) investigations covering numerous statutes the DOL enforces, including issues of minimum wage and overtime, misclassification of exempt employees, child labor, independent contractors, Service Contract Act, Davis Bacon Act, and more.
- Counseled numerous clients on wage and hour compliance including minimum wage, overtime, breaks, donning/doffing time, travel time, work from home or from smartphones, off the clock hours, exemptions from overtime, independent contractor status, HR training, job descriptions, time recording and pay-related policies, internal audits, and collective action litigation.
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