Wage and Hour Compliance

Overview

We craft practical solutions to wage and hour issues that effectively manage risk and litigation while achieving and enhancing our clients’ business goals.

Our Wage and Hour Compliance team navigates the federal, state and local regulations governing workplace compensation, with a focus on practical, innovative and cost-effective solutions to wage and hour issues. We also ensure that our clients are ahead of the curve and are poised to respond and adapt to changes in the law before they are implemented, without disruption to business operations.

Clients trust us to help them avoid time-consuming collective and class actions and the resulting adverse publicity and disruption that can threaten a company’s reputation and bottom line.

Our extensive experience in wage and hour law enables us to provide sophisticated and nuanced advice, from preventive counsel and guidance to audits and litigation defense. We handle a broad array of wage and hour issues, including:

  • Employee misclassification.
  • Statutory coverage.
  • Off-the-clock work.
  • Meal and rest periods.
  • Rounding, regular rate inclusion or exclusion.
  • Spread of hours work and payment.
  • Tip credits and tip pooling.
  • Pay stub statements and record-keeping problems.
  • Unpaid overtime, including “fluctuating workweek” principles.
  • Paid leave.
  • Pay equity.
  • Layoffs and furloughs.

We also work extensively with government contractors to address the unique challenges they face in complying with federal and state laws such as the Equal Pay Act, the Service Contract Act (SCA) and the Davis Bacon Act.

Select Experience

  • Managing detailed audits in the manufacturing, hospitality and healthcare industries, focusing on compliance with federal, state and local law and risk avoidance.
  • Representing employers involved in investigations by the Wage and Hour Division of the U.S. Department of Labor (DOL) and state labor departments of Fair Labor Standards Act (FLSA) and SCA compliance, including liquidated damages and willfulness issues that now arise even in first-time investigations.
  • Represented a Fortune 500 company in a surprise unannounced investigation by the Wage and Hour Division of the company’s payroll practices and federal wage and hour compliance.
  • Providing advice on exemption and independent contractor issues in a wide range of industries, including hospitality, healthcare, information technology, transportation, manufacturing and finance.
More »

Professionals

Name Title Office Email
Partner Orlando
Partner Washington, D.C.
Partner Atlanta
Associate New York
Associate Los Angeles
Associate Denver
Counsel Houston
Partner Los Angeles
Associate Los Angeles
Partner Chicago
Associate Houston
Partner Columbus
Partner Los Angeles
Counsel New York
Partner Washington, D.C.
Partner Columbus
Associate Los Angeles
Partner Chicago
Associate New York
Partner Los Angeles
Partner San Francisco
Associate Houston
Counsel Orlando
Labor and Employment Attorney
Labor and Employment Attorney Columbus
Partner Cleveland
Counsel Los Angeles
Counsel Orlando
Partner Cincinnati
Partner Cleveland
Partner Orlando
Associate Columbus
Associate Los Angeles
Counsel Columbus
Associate Los Angeles
Associate Orlando
Partner Los Angeles
Associate Los Angeles
Partner Houston
Partner Houston
Partner New York
Associate Cleveland
Partner Cleveland

Experience

  • Managing detailed audits in the manufacturing, hospitality and healthcare industries, focusing on compliance with federal, state and local law and risk avoidance.
  • Representing employers involved in investigations by the Wage and Hour Division of the U.S. Department of Labor (DOL) and state labor departments of Fair Labor Standards Act (FLSA) and SCA compliance, including liquidated damages and willfulness issues that now arise even in first-time investigations.
  • Represented a Fortune 500 company in a surprise unannounced investigation by the Wage and Hour Division of the company’s payroll practices and federal wage and hour compliance.
  • Providing advice on exemption and independent contractor issues in a wide range of industries, including hospitality, healthcare, information technology, transportation, manufacturing and finance.
  • Successfully obtaining a favorable Wage and Hour Division opinion letter on the applicability of “white-collar exemptions” on a per-project basis.
  • Longtime representation of military contractors faced with SCA prevailing wage and benefit issues, including questions arising at the intersection of the SCA and the National Labor Relations Act.
  • Representing California employers on issues arising under the Private Attorneys General Act and other provisions of the California Labor Code.
  • Advising on the applicability of the U.S. Supreme Court’s decision in Epic Systems and its progeny, and when it makes sense for employers to use arbitration vs. litigation.
  • Ensuring a “fair reading” of exemptions under the FLSA in the aftermath of the Supreme Court’s decision in Encino Motorcars.
  • Advising on the regular rate issues attendant to certain types of stock grants under Section 7 (e) (8) of the FLSA and the Worker Economic Opportunity Act of 2000.
  • Providing advice in and outside of litigation concerning the DOL’s jettisoning of the “80-20” rule and the type of deference to be accorded to the agency’s action.
  • Determining the meaning to be ascribed to the definition of “waste” under the Wage and Hour Division’s Field Operations Handbook and court cases for purposes of determining jurisdiction under the FLSA.
  • Advising on the proper overtime computation of “piece work” under the FLSA.

Recognition

  • Chambers USA
    • Labor & Employment – Nationwide (2021)
    • Labor & Employment ‒ California (2017 to 2021)
    • Labor & Employment ‒ Florida (2007 to 2021)
    • Labor & Employment ‒ Ohio (2007 to 2021)
    • Labor & Employment ‒ Texas (2014 to 2021)
  • The Legal 500 United States
    • Labor and employment – Immigration (2017 to 2021)
    • Labor and employment – Labor and employment disputes (including collective actions): defense (2015 to 2021)
    • Labor and employment – Labor-management relations (2015 to 2021)
    • Labor and employment – Workplace and employment counseling (2021)
  • U.S. News – Best Lawyers "Best Law Firms"
    • Employment Law – Management: National (2011 to 2022); Atlanta (2019 to 2022); Cincinnati (2016 to 2022); Cleveland (2011 to 2022); Columbus (2011 to 2022); Houston (2011 to 2022); Orlando (2011 to 2022); Washington, D.C. (2014 to 2022)
    • Labor Law – Management: National (2012 to 2022); Cincinnati (2020 to 2022); Cleveland (2011 to 2022); Columbus (2011 to 2022); Los Angeles (2017 to 2022); New York (2022); Orlando (2011 to 2022); Washington, D.C. (2017 to 2022)
    • Litigation – Labor & Employment: National (2012 to 2022); Atlanta (2019 to 2022); Cincinnati (2020 to 2022); Cleveland (2012 to 2022); Columbus (2015 to 2022); Houston (2014 to 2022); Los Angeles (2021 and 2022); New York (2019 to 2021); Orlando (2012 to 2022); Washington, D.C. (2015 to 2022)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Key Contacts

Blog

In The Blogs

Previous Next
Employment Law Spotlight
A Changing Atmosphere for Navigating COVID-19 in the Workplace
June 8, 2023
Starting on June 1, Florida employers are prohibited from discriminating against an individual based on vaccination status or refusal to take a COVID-19 test or wear a face mask. The stated goal of SB 252, which amends Florida Statute §...
Read More ->
Employment Law Spotlight
Welcome to Turkmenistan: Joint Employment Rules Rescinded, Leaving Massive Crater in FLSA Regulations
By Todd H. Lebowitz
July 29, 2021
No visit to Turkmenistan would be complete without a visit to the Darvaza Crater, more commonly known as the Door to Hell. This massive crater formed decades ago after a Soviet drilling rig collapsed. Roughly 40 years ago, the Soviets lit...
Read More ->
Employment Law Spotlight
Pennsylvania Employers Beware: The State's Highest Court Expands the Bounds of Compensable Time
By Christian R. White
July 22, 2021
In a 5-2 decision, the Pennsylvania Supreme Court held that employers in the state must now pay employees for time spent on their premises when waiting for – and undergoing – required security searches. The court explained that this period...
Read More ->
Employment Class Action Blog
California Employers Must Pay Meal and Rest Period Premiums at the Regular Rate of Pay
July 15, 2021
When a California nonexempt employee is not provided a meal or rest period, Cal. Labor Code 226.7 requires an employer to pay a penalty to that employee in the amount of one hour of that employee’s “regular rate of compensation.” It was an...
Read More ->
Employment Law Spotlight
The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule
By Caroline M. Landt
June 23, 2021
The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped duties, the DOL...
Read More ->