Wage and Hour Compliance

Allyn & Fortuna’s attorneys are experienced in litigating wage and hour issues, assessing a business’s violation of wage and hour laws, and representing clients in government agency investigations.

Federal, state, and city laws afford employees a wide range of protections. When a wage and hour violation affects one or many employees, it can give rise to substantial liability, even if the employer acted in good faith.

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;
• Compliance with the Hospitality Industry Wage Orders;
• 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.

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 many other wage and hour issues.

Our basic approach is to zealously represent our clients through a vigorous and focused strategy coupled with efficient staffing by experienced attorneys.