Perhaps the greatest employment litigation threat to businesses today is the wage and hour class action. Over the past ten years, federal and state court filings of wage and hour collective/class actions have surpassed employment discrimination class actions and have dwarfed single-plaintiff discrimination suits and virtually every other employment-related action. Moreover, settlements in these cases regularly exceed seven figures.
We have litigated complex wage and hour cases in state and federal courts, before administrative agencies, and on a multijurisdictional basis. These cases include federal, state law, and hybrid class actions for:
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Overtime and Minimum Wage
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Employee Misclassification—Exempt vs. Non-Exempt
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Employee Misclassification—Employee vs. Independent Contractors
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Salary vs. Hourly Basis
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“Off-the-clock” Work and Travel Time
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Continuous Workday
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Fluctuating Workweek
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Donning and Doffing Activities
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Rest Breaks/Periods
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Commissions and Bonus Payments
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Tip Pooling
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Joint Employer Claims
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Technology Impact on Work Time and Other Wage and Hour Issues
