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FLSA Litigation and Wage and Hour Defense

Our national Wage and Hour Defense Group has a depth of experience evaluating risks and the legal nuances of wage and hour law. We assist employers with all business needs ranging from the prevention of wage and hour disputes through policy setting and client counseling, to more aggressive advocacy and defense in the face of litigation, audits or allegations of noncompliance. The group has earned a reputation among its clients for delivering exceptional service and results at a competitive rate structure.

A fundamental component of our national practice is the ability to defend an employer in litigation brought in any jurisdiction under the Fair Labor Standards Act (“FLSA”) and its state law counterparts.  Our team has a wealth of practical experience born from defending countless lawsuits and navigating the myriad of strategy and tactical decisions this class and collective action litigation presents. Such litigation has often included allegations related to:

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

Corresponding with the team’s trial readiness, we also offer preventative services that equip employers with tools, resources and education to help reduce exposure from costly litigation. We routinely advise clients on general wage and hour compliance, including employee and independent contractor classifications, exemptions, overtime pay, off-the-clock work, proper deductions, child labor requirements, and best timekeeping and pay practices. Members of the group also perform management training regarding various wage compliance issues. Training and counseling are always tailored to meet individual business concerns and achieve long-term company strategies and goals. 

The group also regularly defends clients in governmental investigations and enforcement actions, such as inquiries made by the U.S. Department of Labor, Wage and Hour Division (“DOL”). As these DOL audits may happen at any time, the group also frequently performs preventative internal audits and assessments to ensure a client’s compliance with federal, state and local wage laws. The group’s experience performing thorough audit examinations has helped numerous clients craft best practices and policies, as well as mitigate the risk, expense and business interruption of litigation.