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 is a nationally recognized advocate for employers across industries and chairs the firm’s Labor and Employment practice.  He has a long track record of winning judgments and ...
Partner
Email (212) 808-7628(212) 808-7628
Barbara Hoey is a member of the firm’s Executive Committee.  In her third decade of practice, Barbara’s experience includes counseling clients in all areas of employment law, and d...
Special Counsel
Email (212) 808-7697(212) 808-7697
Maria Biaggi’s practice focuses on all aspects of labor and employment law, including workplace litigation, dispute resolution, and counseling.  Her broad scope of experience makes her a...
Senior Associate
Email (213) 547-4915(213) 547-4915
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 experience...
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) 808-7681(212) 808-7681
Alison Frimmel is a senior associate in the Labor and Employment practice.  Alison focuses her practice on employment and labor counseling and litigation, dispute resolution, and defense strat...
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 (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
 

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