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Wage and Hour


Overview

Complying with wage and hour laws and avoiding related litigation must be top-of-mind for today’s employers. As our most recent Class Action Survey found, 40 percent of companies surveyed viewed wage and hour class actions as the greatest employment-related class action threat. Employers must ensure that their employees are properly classified as exempt or non-exempt, properly paid for their hours worked, and that independent contractors are not in fact misclassified. 
These challenges are amplified because employers must comply with the fact-dependent requirements of federal and state, and sometimes even local, wage and hour laws, each of which are rapidly evolving. 
 
Carlton Fields helps employers to meet these challenges.  We offer wage and hour audits and other compliance services to help avoid litigation.  Across the United States, we defend wage and hour collective actions under the Fair Labor Standards Act, and class actions under state law.  We also defend single-plaintiff wage and hour claims, counseling our clients  through every step in the process.
 
Services

  • Defend wage and hour collective and class actions brought under federal and/or state law;
  • Defend single plaintiff/claimant lawsuits and arbitrations;
  • Represent clients in connection with Department of Labor wage and hour investigations and enforcement actions;
  • Conduct wage and hour workforce audits to help ensure proper exempt/non-exempt and independent contractor classifications;   
  • Prepare, review, and revise written job descriptions, pay policies, employment agreements, and independent contractor agreements for compliance with wage and hour law;
  • Advise employers on discreet questions and concerns regarding wage and hour issues;
  • Assist with training supervisors, managers, and human resource professionals on wage and hour law compliance; and
  • Assist employers with resolving wage and hour disputes, both pre-litigation and during litigation, in compliance with FLSA technical requirements.

All Insights

California Rejects Federal Wage and Hour ‘De Minimis’ Doctrine Causing Havoc for Employers

California Rejects Federal Wage and Hour ‘De Minimis’ Doctrine Causing Havoc for Employers

July 27, 2018

The California Supreme Court rejected the federal “de minimis” doctrine for wage and hour regulations. California has now a different standard than federal law for deciding whether small amounts of work “off the clock” must be paid. This decision creates enormous risks for all employers that rely on the de minimis doctrine to determine pay periods for employees.

Fifth Circuit Dashes Delivery Driver’s Bid to Keep Wage Hour Claims Out of Arbitration

Fifth Circuit Dashes Delivery Driver’s Bid to Keep Wage Hour Claims Out of Arbitration

May 8, 2018

In Edwards v. DoorDash, Inc., the Fifth Circuit Court of Appeals reaffirmed its position that arbitrability of claims is a threshold question that must be determined by the court prior to deciding certification motions.

Putting the Compensability Brakes on Frequent Employee Breaks

Putting the Compensability Brakes on Frequent Employee Breaks

April 20, 2018

Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act?

Navigating The Circuit Split Over Reasonable ADA Leave

Navigating The Circuit Split Over Reasonable ADA Leave

April 12, 2018

Is an employee who is completely unable to work for a finite period of time due to a disability still "qualified" for the position?

Supreme Court Dodges Question of How Much Leave is Reasonable Under the ADA

Supreme Court Dodges Question of How Much Leave is Reasonable Under the ADA

April 5, 2018

SCOTUS will not resolve a circuit split on the length of leave an employer may be required to give to an employee as a reasonable accommodation under the Americans with Disabilities Act (ADA).

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

March 13, 2018

Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers.

Unanimous California Supreme Court Gives Green Light to Plaintiffs to Discover Employee Contact Information

Unanimous California Supreme Court Gives Green Light to Plaintiffs to Discover Employee Contact Information

July 13, 2017

In a big blow to employers, the California Supreme Court unanimously held that plaintiffs and their lawyers must be given access to companywide employee contact information—including addresses and phone numbers—at the onset of a lawsuit and without first establishing a prima facie showing their case has merit.

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Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.