Wage and Hour Class Action Defense
Wage and Hour Class Action Defense
The number of wage and hour class actions filed every year continues to break records—year after year, with few breaks in the trend.  Employers faced nearly 10,000 Fair Labor Standards Act (FLSA) suits in the past year —an increase of more than 450 percent in the past 15 years. 

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 Department of Labor and state agencies.

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

  • Overtime compensation

  • 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 wage and hour class actions filed every year continues to break records—year after year, with few breaks in the trend.  Employers faced nearly 10,000 Fair Labor Standards Act (FLSA) suits in the past year —an increase of more than 450 percent in the past 15 years. 

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 Department of Labor and state agencies.

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

  • Overtime compensation

  • 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) 808-7628(212) 808-7628
Barbara Hoey is chair of Kelley Drye’s Labor and Employment practice group, and a member of the firm’s executive committee.  In her third decade of practice, Barbara’s experi...
Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel is committed to protecting and maximizing the interests of employers of all sizes, from the major multinational to the startup.  Whether Mark is helping his clients with seasoned, ...
Partner
Email (212) 808-7847(212) 808-7847
Robert Crotty’s practice is focused on commercial litigation, trials, appeals and arbitrations.  With more than four decades of experience, Bob has represented clients in the automobile,...
Partner
Email (212) 808-7830(212) 808-7830
Eugene D’Ablemont is a partner in the firm’s New York office. He focuses his practice on representing only management in all facets of labor law. Eugene frequently is selected as l...
Partner
Email (312) 857-2623(312) 857-2623
Matthew Luzadder focuses his practice on white-collar crime and internal investigations, commercial litigation and labor and employment law matters. Matt’s clients include national and g...
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 two decades of experience in complex business litigation, Rob has handled...
Partner
Email (212) 808-7985(212) 808-7985
David Zalman’s practice involves commercial and complex civil litigation, including class action defense, contract disputes, unfair competition, false advertising, real estate disputes, corpo...
Special Counsel
Email (310) 712-6170(310) 712-6170
Kimberly Carter is special counsel in Kelley Drye’s Litigation and Labor and Employment practices and is located in the firm’s Los Angeles office. Kimberly’s practice focuses...
Special Counsel
Email (212) 808-7843(212) 808-7843
Jaclyn Metzinger focuses her practice on commercial and complex civil litigation in both state and federal courts.  Her experience includes consumer class actions and false advertising claims,...
Special Counsel
Email (973) 503-5924(973) 503-5924
Vincent Rao is special counsel in the firm’s Parsippany office.  His practice focuses on commercial litigation, consumer-oriented class action defense, intellectual property protection a...
Senior Associate
Email (212) 808-7511(212) 808-7511
John Mattiace is a litigator who advises businesses on how to achieve cost-effective solutions to complex employment problems.  John litigates on behalf of clients who are faced with all types...
Senior Associate
Email (212) 808-5052(212) 808-5052
James Saylor is a senior associate in Kelley Drye’s litigation group.  James has a diverse breadth of subject matter expertise, having consulted and managed complex litigations and arbit...
Associate
Email (212) 808-7962(212) 808-7962
Steven Nevolis is an associate in the firm’s New York office and a member of the firm’s Labor & Employment practice group.  His practice encompasses a broad spectrum of service...