Wage and Hour Compliance

Allyn & Fortuna’s attorneys counsel clients about wage and hour issues, perform wage and hour compliance reviews, and defend related litigation and government agency investigations.

When a wage and hour violation affects many employees over an extended period of time, it can give rise to substantial liability, even if the employer acted in good faith. We believe it is important to address potential wage and hour issues before plaintiffs bring a lawsuit or the government begins an investigation. Allyn & Fortuna will assist clients in reviewing company policies and practices, identifying areas of non-compliance and making suggestions for becoming compliant in a way that fits with the client’s operational needs and minimizes the risk of subsequent litigation or government investigation.

Some of the areas on which we focus include:

  • Classifying employees as exempt or non-exempt from overtime, including examining job duties as well as compensation practices such as deductions from wages;
  • Classifying workers as independent contractors or employees;
  • Proper compensation for all hours worked by non-exempt employees, including activities at the start and the end of the workday and tasks performed away from the workplace;
  • Properly calculating overtime, including consideration of all requirements on government contracts;
  • Proper treatment of meal and rest periods;
  • Whether an employer uses the fluctuating workweek correctly;
  • Compliance with child labor laws;
  • Timekeeping procedures; and
  • Recordkeeping procedures.

Defending Wage and Hour Litigation

Allyn & Fortuna’s attorneys forcefully litigate wage and hour cases, including single-plaintiff, class, collective and hybrid actions in federal and state courts. While most of these cases focus on whether employees have been classified properly as “exempt” from overtime pay requirements or whether non-exempt employees received pay and overtime for all hours worked, we also handle actions involving a broad range of other wage and hour issues, such as paycheck requirements, bonus calculations, vacation pay, uniforms and dress codes, timekeeping and waiting time penalties. Our attorneys handle claims alleging misclassification of workers’ exempt status, overtime pay violations, “off the clock” work, inaccurate time and payroll records, time clock rounding practices, and other wage and hour issues for many employers.

Our basic approach in defending employers in wage and hour class-actions may be briefly summarized as follows: a vigorous and focused defense coupled with efficient staffing by experienced attorneys. We try to provide realistic assessments of liability and damages as early as possible in the litigation, and we work to develop strategies that make business sense, recognizing the implications for the business operations going forward.