Wage and Hour

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 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.
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Professionals

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

Key Contacts

Blog

In The Blogs

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Employment Class Action Blog
California Employers Must Pay Meal and Rest Period Premiums at the Regular Rate of Pay
By Joseph S. Persoff
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...
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Employment Law Spotlight
The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule
By David A. Grant, 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...
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Employment Law Spotlight
Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation
By Jacob A. Bruner, David A. Grant, Caroline M. Landt
March 26, 2021
The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The Final Rule, which...
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Employment Law Spotlight
Employers May Need to Update Their Severance Agreement Templates by April 1
By Todd H. Lebowitz
March 22, 2021
Acronyms make us do things. AWOL makes us go looking for someone, BOGO makes us buy two of something we didn’t need one of, and NSFW makes us cover our screen and hope no one has already walked by. The new COVID-19 relief bill requires...
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Employment Class Action Blog
Travel Time Compensable Under California Law Despite Contrary Union Agreement
By Todd A. Dawson
September 15, 2020
While California’s wage-and-hour rules recognize a number of exceptions for employees subject to a collective bargaining agreement, the California Supreme Court’s denial of review in Gutierrez v. Brand Energy Svcs. of Calif. is a reminder...
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