FLSA/Wage and Hour
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Areas of Experience
Every business must comply with the various federal and state wage and hour laws. Our wage and hour work experience includes nearly 200 wage and hour class and collective actions for large employers. Our attorneys regularly advise employers on issues arising under the FLSA and state wage and hour laws, including the following:
- The proper classification of exempt and non-exempt employees
- Compliance with the “salary basis” requirements of the FLSA, including advising employers with respect to permissible payroll docking policies and practices
- Recordkeeping obligations
- The definition of an “employee” (versus an “independent contractor”)
- The calculation of “regular” and “overtime” rates, including when bonuses, commissions, and other payments other than hourly wages must be included in the calculation
- The determination of what constitutes “hours worked” versus noncompensable preliminary and postliminary activities and de minimis amounts of time
- The proper calculation of overtime under all permissible alternatives such as the “fluctuating workweek method”
In addition, we provide practical advice on the Davis-Bacon Act, the Service Contract Act, and analogous state statutes that help you achieve compliance while meeting your business objectives. We perform the following services:
- Educate and train managers and supervisors regarding the legal requirements of the nation’s wage and hour laws.
- Provide advice during compliance audits and represent clients in enforcement proceedings.
- Handle complex investigations and collective action litigation brought under the FLSA.