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

With national reach and local proficiency with state-specific wage and hour laws, BakerHostetler’s Wage and Hour Compliance team partners with clients in crafting practical solutions to wage and hour issues to effectively manage risk and litigation while achieving and enhancing our clients’ business goals.

  • 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 Service Contract Act (SCA) compliance, including liquidated damages and willfulness issues that now arise even in first-time investigations.
  • Conducting nationwide wage and hour audits for clients ranging from family-owned businesses to Fortune 50 corporations in a variety of industries, including manufacturing, hospitality and health care. Our audits are proactive and address risk avoidance as well as compliance with federal, state and local laws.
  • Advising on state and city wage and hour laws, including in the context of local investigations by the Office of the Attorney General for the District of Columbia as well as other local offices and agencies.
  • Advising on the effect of recent executive orders on minimum wage rates in government contracting.
  • Advising on the application of the SCA in connection with government contracts as well as on wage determinations in matters involving the SCA.
  • Advising on the proper overtime computation of a variety of types of compensation, including piecework, salary, bonuses, commissions and service awards.
  • Advising on what constitutes “work time” and how to properly account for it, including pre-shift and post-shift activities, travel time, meeting time, and more.
  • Advising on recoupment of inadvertent overpayments and other wage deduction issues.
  • Representing a Fortune 500 company in an 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, health care, 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 Systemsand its progeny and when it makes sense for employers to use arbitration rather than 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 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.

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