For many employers, compliance with ever-changing wage and hour laws and regulations is a persistent source of confusion and anxiety. Our attorneys work with a wide range of employers to protect them from running afoul of these regulations, and to defend them in both government enforcement actions and private lawsuits.
Our clients rely on our comprehensive knowledge of the multiple laws and compliance standards that may vary widely from federal to state to local jurisdictions. The rules concerning overtime, independent contractors and tipping are of particular concern to many employers, and they lean on us for help in navigating them. For companies doing business under government contracts, we advise on the unique laws regarding prevailing wage compliance and represent them in their response to agency investigations.
Auditing the Rosters
Given the potentially high cost of missteps in wage and hour compliance, our clients rely on us to make sure they get it right. We conduct regular audits of their employee rosters and alert them to possible violations. We examine positions and job titles at a granular level to determine which employees are exempt from overtime rules and which are not. We apply the same scrutiny to the status of their independent contractors, and then help clients avoid misclassifications that might trigger government inquiries and private lawsuits.
Many of our clients are hotels and restaurants for which tipping practices are a constant concern. Especially in New York state, where the hospitality industry is subject to a dense maze of complex and nuanced laws and where the penalties for violating them are steep, clients turn to us to handle everything related to tips, tip credits and tip pools.
Avoiding and Fighting Class Actions
Some in the plaintiffs’ bar have made an industry of turning alleged wage and hour violations into costly class actions, identifying and targeting the sorts of industries and jobs whose pay practices may be vulnerable. We show our clients how to minimize their material risk, helping them implement best practices and flagging problems that might trigger claims. If, despite these measures, a class action is filed, we are known for litigating in an aggressive but strategic manner to achieve a favorable result for our clients.