Employment Class Action Defense
Employment Class Action Defense
The number of class actions filed every year continues to break records—year after year, with few breaks in the trend.  With over 80% of class certifications being granted across in the U.S. and settlement dollars that can reach millions and hundreds of millions of dollars, employment class actions will continue to plague employers.
Fair Labor Standards Act (FLSA) suits, and suits filed under employee-friendly state wage and hour laws like California’s, continue to be the most active employment litigation threat to businesses—with rising class certification rates and damages and settlement numbers.  Plaintiffs’ lawyers continue to imagine and assert new violations and recruit new plaintiffs for these suits.

Every business, large or small, and in any industry, is vulnerable.

Our Wage and Hour attorneys provide tailored, practical and business-focused advice to clients on wage and hour compliance and guidance on avoiding common pitfalls under both state and federal law.  We help clients conduct self-audits to identify and remedy compliance gaps and areas of increased risk, including independent contractor misclassification, exempt status and overtime issues, before the Department of Labor (DOL) or a private plaintiff takes notice.

Together with litigators in our offices across the country, we provide skilled representation and class action strategy to national and multinational companies confronting wage and hour litigation in multiple jurisdictions and across industry sectors ranging from transportation to health care.  We also counsel clients responding to audits by the DOL and state agencies.

We can help you navigate the FLSA and state wage and hour laws involving:

  • Subminimum wage provisions

  • Overtime compensation

  • Equal pay

  • Payroll requirements

  • Classification of independent contractor status

  • Employee classifications and exemption status

  • Commissions

  • Tips and payment of tipped employees

  • Meal breaks

  • Work before and after scheduled shifts

  • Employees working remotely

  • Retaliation claims under the FLSA

 
 

Overview

The number of class actions filed every year continues to break records—year after year, with few breaks in the trend.  With over 80% of class certifications being granted across in the U.S. and settlement dollars that can reach millions and hundreds of millions of dollars, employment class actions will continue to plague employers.
Fair Labor Standards Act (FLSA) suits, and suits filed under employee-friendly state wage and hour laws like California’s, continue to be the most active employment litigation threat to businesses—with rising class certification rates and damages and settlement numbers.  Plaintiffs’ lawyers continue to imagine and assert new violations and recruit new plaintiffs for these suits.

Every business, large or small, and in any industry, is vulnerable.

Our Wage and Hour attorneys provide tailored, practical and business-focused advice to clients on wage and hour compliance and guidance on avoiding common pitfalls under both state and federal law.  We help clients conduct self-audits to identify and remedy compliance gaps and areas of increased risk, including independent contractor misclassification, exempt status and overtime issues, before the Department of Labor (DOL) or a private plaintiff takes notice.

Together with litigators in our offices across the country, we provide skilled representation and class action strategy to national and multinational companies confronting wage and hour litigation in multiple jurisdictions and across industry sectors ranging from transportation to health care.  We also counsel clients responding to audits by the DOL and state agencies.

We can help you navigate the FLSA and state wage and hour laws involving:

  • Subminimum wage provisions

  • Overtime compensation

  • Equal pay

  • Payroll requirements

  • Classification of independent contractor status

  • Employee classifications and exemption status

  • Commissions

  • Tips and payment of tipped employees

  • Meal breaks

  • Work before and after scheduled shifts

  • Employees working remotely

  • Retaliation claims under the FLSA

Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel chairs the firm’s Labor and Employment practice. Ranked as a leading practitioner by Chambers USA , Mark is a nationally recognized advocate and counselor for employers across in...
Partner
Email (310) 712-6170(310) 712-6170
Kimberly Carter is managing partner of the firm’s Los Angeles office. Kimberly focuses her practice on a wide array of employment law matters including defense of high-stakes single plaintiff...
Partner
Email (312) 857-2623(312) 857-2623
Matthew Luzadder is managing partner of the firm's Chicago office.  Matt focuses his practice on white-collar crime and internal investigations, commercial litigation and labor and employm...
Partner
Email (212) 808-7965(212) 808-7965
Rob Steiner is the managing partner of Kelley Drye’s New York office.  A proven litigator and trial attorney with over two decades of experience in complex business litigation, Rob has h...
Senior Associate
Email (212) 808-7697(212) 808-7697
Maria Biaggi is a senior associate in the Labor and Employment practice. Maria represents employers in a broad range of employment law matters, including litigation, dispute resolution, and counsel...
Senior Associate
Email (312) 857-2311(312) 857-2311
Tyler Bohman focuses his practice on all aspects of labor and employment law and commercial litigation.  He defends employers against various employment claims filed in state and federal court...
Senior Associate
Email (212) 808-7908(212) 808-7908
Steven Nevolis is a member of the firm’s Labor & Employment practice group.  His practice encompasses a broad spectrum of services for management-side clients, including employm...
Associate
Email (310) 712-6171(310) 712-6171
Ronnie Arenas focuses his practice on all areas of labor and employment law, including litigation, advice and counsel, and preventative training. Ronnie’s extensive litigation experienc...
Associate
Email (212) 808-7568(212) 808-7568
Sebastian Clarkin is a third-generation labor and employment attorney, and focuses his practice in all areas of labor and employment law.  He represents a diverse client base with matters invo...
Associate
Email (212) 808-7681(212) 808-7681
Alison Frimmel is an associate in the Labor and Employment practice.  Alison focuses her practice on employment and labor counseling and litigation, dispute resolution, and defense strategies....
Associate
Email (212) 808-5021(212) 808-5021
Nicholas Kromka is an associate with the firm’s Labor and Employment group.  Nick focuses his practice in all areas of labor and employment law, with a specific emphasis on defending cli...

Contact Information

Mark A. Konkel
Practice Chair
(212) 808-7959
mkonkel@kelleydrye.com
 

Events

Jun
23
2021
Webinar | Webinar
1:00 PM - 2:00 PM
Jun
1
2021
May
18
2021
Webinar | Webinar
12:30 PM - 1:30 PM