Wage and Hour Litigation

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Grounded in Midwestern values, Kutak Rock’s National Wage and Hour Practice Group stands apart, delivering exceptional legal services at a highly competitive price structure in defense of today’s most prominent wage and hour claims.  Whether defending complex litigation, responding to invasive government investigations, or preemptively addressing nuanced wage and hour matters through regular counseling and advice, the members of Kutak Rock’s National Wage and Hour Practice Group have developed the breadth of experience to provide clients with effective representation in all areas of wage and hour law.

Wage and Hour Counseling

The National Wage and Hour Practice Group provides preemptive services to clients with the goal of equipping employers with tools, resources and education to help protect them from costly and often preventable litigation.  Members of the Group counsel regarding general wage and hour compliance, including employee and independent contractor classifications, exemptions, overtime pay, off-the-clock work, deductions, and best timekeeping and pay practices.  The Group works closely with clients to develop and implement long-term global strategies to achieve clients’ ultimate business goals. 

Audits and Investigations

The National Wage and Hour Practice Group has a strong track record of defending employers against government investigations and enforcement actions, including inquiries made by the U.S. Department of Labor, Wage and Hour Division.  The Group’s experience also includes conducting internal wage and hour audits and helping clients develop best practice protocols.  Members of the Group regularly perform global examinations of company compliance with federal, state and local wage and hour law to assist companies in navigating and responding to external government investigations and enforcement actions.

Representation in Complex Wage and Hour Litigation

The National Wage and Hour Practice Group has extensive experience defending clients against individual, class and collective action wage and hour lawsuits.  The Group has represented employers against the full range of wage claims brought under the Fair Labor Standards Act and its state law counterparts, including allegations of:

  • Misclassification of employees as exempt under the “white collar” exemptions
  • Misclassification of workers as independent contractors
  • Improper calculation and failure to pay overtime rates
  • Unpaid donning and doffing time
  • Unpaid off-the-clock work

The Group has a proven track record of success in resolving multi-plaintiff lawsuits, and has achieved decertification in multiple class and collective actions across the country.