The interplay of the numerous laws governing wage and hour issues can make it challenging for employers to ensure that their policies and practices align with the requirements under wage and hour laws and regulations. These requirements are set forth in laws such as the Fair Labor Standards Act (FLSA) and comparable state law, and prevailing wage laws, such as the Davis-Bacon Act and Service Contract Act. The U.S. Department of Labor (DOL) and state labor agencies continue to institute new regulations affecting wage and hour matters. In addition to heavy regulation, the incorporation of new technology into the workplace, allowing workers to remotely access work from any location, raises new issues in determining employee timekeeping and compensation.
Employers can face significant liability for a range of compliance issues under wage and hour laws, including misclassification of employees, failure to pay overtime, improper calculation of the rate of pay, commission, or bonuses, improper compensation for training time, preliminary and post work activities pay (such as security procedures and/or donning or doffing protective clothing), failure to provide meal and rest breaks, work during meals and rest breaks, and numerous paystub, pay method, and pay timing requirements.
Non-compliance with wage and hour laws can result in substantial employer liability, such as expensive class actions and substantial settlements or judgments that include back pay and penalties. Our attorneys perform audits of current policies and practices affecting employee classification and compensation and assist clients in understanding the nuances of wage and hour laws. Our attorneys also work with clients to proactively identify potential areas of risk and to develop and implement compliant classification policies, payroll systems and compensation policies. The firm also has specialized experience defending employers against wage and hour claims in both individual and class action matters.
The firm aggressively defended its client against a class action lawsuit alleging failure to provide meal and rest breaks in the Complex Department of the California Superior Court for Orange County. The named plaintiffs sought to represent a state-wide class action of over 2,000 class members. When the Superior Court granted class certification, the firm filed an alternative writ of mandate with the California Court of Appeal, Fourth Appellate District, which was granted in an unpublished decision. After its victory before the Court of the Appeal, the firm then obtained a favorable settlement for its client.
The firm obtained a favorable settlement for its client to resolve the class claims of about 500 former employees in a lawsuit filed in West Virginia’s Ohio County Circuit Court. The lawsuit alleged that the firm’s client failed to timely pay former employees’ final wages in violation of the West Virginia Wage Payment and Collection Act —- a violation that could have resulted in a penalty of up to three times the amount of the unpaid final wages.
The firm represented its clients in a class action lawsuit filed in the California Superior Court for San Diego County that alleged a number of wage and hour violations, including failure to reimburse for business expenses, improper wage deductions, failure timely pay final wages, and improper pay stubs. The named plaintiffs sought significant monetary damages and penalties under the California Labor Code Private Attorney General Act of 2004 (PAGA) on behalf of nearly 300 class members. After strategically litigating the matter for over one year, the firm was able to negotiate a settlement for its client.
The firm represented a retail client in a lawsuit removed to the U.S. District Court for the Central District of California that alleged unpaid overtime, failure to provide meal and rest breaks, and failure to timely pay wages, among other causes of action, for a putative class of over 200 individuals throughout the State of California. Plaintiffs sought recovery for significant monetary damages and PAGA penalties. After a year of litigation, the named plaintiffs abandoned their class claims and settled the matter on an individual basis.
The firm defended a retailer of mobile phones in a class action lawsuit filed in California Superior Court for the County of San Bernardino. The named plaintiffs sought to represent a class of approximately 350 employees throughout the State of California and alleged that the firm’s client violated the California Labor Code by failing to pay overtime wages, failing to timely pay final wages, and failing to provide rest periods and proper wage statements. The lawsuit sought substantial monetary damages, restitution and injunctive relief under California Business and Professions Code section 17200 et seq., and PAGA penalties.
The firm represented a national mortgage company in a lawsuit filed in the California Superior Court for the County of Santa Barbara. The lawsuit was brought by a former employee who alleges that she was not paid overtime, not provided proper wage statements, and not paid her wages timely, amount other causes of action, in violation of the California Labor Code.
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