As your employees become increasingly aware of and willing to assert their rights — and because the burden of proof in labor and employment legal claims lies with you, the employer — it is more critical than ever for you to develop a proactive approach to managing your wage and hour issues.
Our attorneys have significant experience with wage and hour law, including the FLSA and analogous state statutes, and routinely defend class and collective actions brought under both federal and state wage and hour laws. In addition, we regularly counsel clients like you on issues such as compensable work versus non-compensable preliminary or postliminary activities; exemptions from the overtime pay requirement; calculation of overtime pay; independent contractor versus employee classification; and issues arising under the Davis-Bacon Act and the Service Contract Act, as well as other pay-related matters.
We also provide services that help you be proactive and help mitigate the risk of wage-and-hour-related issues, including: training your managers and supervisors on legal requirements of wage and hour lawsuits; conducting compliance audits of your existing pay practices; updating and revising your wage and compensation policies; and providing recommendations regarding commissions, bonuses, incentive payments, and your other compensation programs. When necessary, we also can advise and represent you during federal or state agency audits and enforcement proceedings.