The number of wage and hour lawsuits and U.S. Department of Labor (DOL) investigations has increased substantially in recent years, spurred by actual and proposed legislative and regulatory changes to the Fair Labor Standards Act (FLSA), increasingly onerous state law requirements, and the evolving requirements of a growing workforce of independent contractors and other non-traditional workers. The cost of defending class, collective, or multi-plaintiff wage and hour lawsuits at both the state and federal levels can be significant, both monetarily and to the disruption of operations.
Akerman’s Labor and Employment Practice Group is a recognized leader in creatively, efficiently, and cost-effectively handling the complexities of important wage and hour matters. Employers rely on our wage and hour team for counsel on everything from compliant pay practices and policies, to the proper classification of employees as exempt or non-exempt and defining whether a worker is an employee or an independent contractor. Working with businesses in virtually every major industry sector, we draw on our substantial experience in all aspects of wage and hour issues to help employers implement proactive, fully informed strategies that comply with the law and reduce the risk of litigation. Our decades of experience extends to auditing employer payroll practices and records to ensure compliance with applicable law; reviewing, drafting, and revising employer pay policies to comply with the FLSA, as well as state and local laws; and training human resources staff and workplace supervisors on proper pay practices and policies.
When disputes arise, we defend our clients aggressively but pragmatically, providing our clients with the tools and insights necessary to manage their exposure. We have successfully defended businesses in hundreds of FLSA collective actions, wage and hour class actions, and representative actions under California's Private Attorneys General Act (PAGA). Additionally, we have effectively represented employers in wage and hour investigations brought by DOL involving issues ranging from the classification of workers, off-the-clock work and tip pooling, to commission and bonus programs.
What We Do
- Defend wage and hour lawsuits brought in federal and state courts and arbitration, including class, collective, and California PAGA actions.
- Defend wage and hour investigations brought by the DOL and state agencies
- Audit employers’ payroll practices to ensure employees are properly paid and classified under the FLSA and records are kept in accordance with applicable laws
- Draft, review, and revise employers’ pay policies and practices
- Advise on proper pay practices
- Train human resources professionals and supervisors on compliance with proper pay practices and policies, including preventing off-the-clock work, time-clock abuse or misuse, and improper classification of employees as exempt or independent contractors
- Advise on pay plan changes to reduce the amount of overtime that must be paid
- Guidance on application of, and compliance under, the White Collar, Retail and Service Establishment, Motor Carrier Act, and Railway Labor Act exemptions
Timely Topics and Events
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- Jeffrey A. Kimmel
- Co-Chair, Wage and Hour Practice
- +1 212 259 6435
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- Damien P. DeLaney
- Co-Chair, Wage and Hour Practice
- +1 213 533 5920