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 Chicago
Partner Columbus
Partner Los Angeles
Counsel New York
Partner Washington, D.C.
Associate Columbus
Partner Washington, D.C.
Partner Chicago
Counsel Orlando
Staff Attorney Columbus
Partner Cleveland
Associate Los Angeles
Associate Orlando
Partner Cincinnati
Partner Cleveland
Partner Orlando
Associate Los Angeles
Associate Los Angeles
Associate Los Angeles
Partner Columbus
Partner Los Angeles
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.

News

News

Press Releases

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

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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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Employment Law Spotlight
DOL Issues Guidance on Employers' Obligation to Pay Nonexempt Employees for Time Worked Remotely
By Fanny A. Ferdman
August 31, 2020
Employers and employees alike have had much confusion around proper compensation when nonexempt employees work remotely – particularly in today’s time when many employees are teleworking and working crazy schedules due to COVID-19. Truth...
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Employment Law Spotlight
Wage and Hour Division Issues Two Employer-Friendly Rules
By Shareef Farag, David A. Grant
May 22, 2020
This week, the Wage and Hour Division announced the issuance of two rules interpreting the Fair Labor Standards Act (FLSA) that modernize its application and lessen the burden of overtime calculations for certain employers. First, the...
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Employment Law Spotlight
Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order
By Jacob A. Bruner, Nathan A. Schacht
February 13, 2020
Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The...
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Employment Law Spotlight
California Employers Receive Favorable Interpretation of "Regular Rate of Compensation" in Labor Code Provision Concerning Meal and Rest Period Premium Pay and Guidance Regarding Lawful Rounding Practices
By Sabrina L. Shadi, Eric W. Witt
October 18, 2019
Earlier this month, a California Court of Appeal issued an opinion that is good news for California employers. The opinion addressed the meaning of “regular rate of compensation” in California Labor Code section 226.7, which requires...
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