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