Wage and Hour

LGWM’s Employment Group provides guidance to employers of all types regarding compliance issues under the Fair Labor Standards Act (FLSA).  LGWM provides advice about changes in the regulations and how employers should adjust their practices or restructure duties to ensure compliance with the changes.  LGWM provides opinions regarding how employers should classify certain employees, including whether an employee qualifies for the EAP exemption based on the employee working in a bona fide executive, administrative or professional capacity.  LGWM also regularly provides advice regarding pay practices and time-keeping systems.

LGWM assists employers with investigations of wage and hour practices conducted by the Department of Labor.  LGWM also defends employers against lawsuits filed by employees asserting claims for minimum wage and overtime violations filed on behalf of individuals and collectives.

Cases of Note

• LGWM routinely advises clients regarding rules changes by the Department of Labor. LGWM has provided guidance to employers regarding the Department of Labor’s 2016 Final Rule and the impact of the subsequent preliminary injunction. LGWM has assisted in restructuring job descriptions and positions to reflect the anticipated changes in the FLSA.
• LGWM represented a national retail company against a collective action filed by a group of former sales representatives who asserted claims for overtime violations. The exposure to the company was high with more than 150 potential Opt-Ins. LGWM successfully resolved the case with regard to the class claims through an amicable settlement.
• LGWM represented a blood blank against a collective action filed by several technicians alleging they were not properly paid overtime due in part to automatic lunch deductions. With LGWM’s assistance, the blood bank achieved a class-wide settlement.
• LGWM represented a restaurant against a collective action filed by servers over what the servers contended was an improper tip-pooling arrangement. LGWM obtained an early settlement greatly limiting the restaurant’s exposure.
• LGWM has represented various types of employers against claims filed by individual employees regarding overtime violations. Typically, LGWM assists the employers in resolving these claims early through settlement or positioning the cases for early dismissal through summary judgment.