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Wage and Hour: Employers


Employer Compliance and Litigation Defense

Employers should be keenly aware of their obligations under federal and state law when it comes to the payment of overtime and minimum wages.  Employers big and small should regularly review their payment policies to ensure that those policies are in compliance with the law in order to avoid wage and hour issues.  Specifically, employers should be aware of developments in Department of Labor wage and hour regulations and how these developments impact the use of overtime exemptions.  For employers, prevention is the most effective weapon against wage and hour lawsuits.  Our attorneys at the Law Offices of Mark W. Howes can help you establish a FLSA-compliant record keeping system, identify and solve existing or potential problem areas, and provide cost efficient defense if such a lawsuit were to arise.

Record Keeping

One of the best defenses to a wage and hour lawsuit comes from a well maintained and orderly payroll record keeping system.  A policy and system that fully captures all hours worked by employees is essential.  Not only is a proper record keeping system required by law, having one in place can prevent a wage and hour lawsuit in the first place.

Example Problem Areas 

  • Misclassification as Exempt – Commonly arises where an employer pays its employee for all hours on a salary basis, but the employee’s job duties do not satisfy the fact intensive exemption tests.
  • Misclassification as Independent Contractor – Often found where a business exerts more than incidental control over contract workers, and, as a result, an employment relationship is established by law.
  • Off the Clock Work – Employees sometimes find themselves completing work “off the clock”, during breaks, or even at home.  Employers are required to pay their employees for all hours that the employer knew about or reasonably should have known about.

Solutions and Cost Effective Defense

Preventative Audits – Our labor and employment attorneys provide audit services where we will evaluate your employment practices for potential problem areas.  We review the job duties and pay policies to provide specific advice and guidance on the applicability of FLSA exemptions.  We also ensure proper compliance with notice and record keeping requirements of state and federal law.  While nothing can completely insulate you from a wage an hour lawsuit, our audit and compliance advice can put you in the best position to defend such a lawsuit.

Litigation Representation – When facing a wage and hour lawsuit, an employer must be cognizant of the longterm costs of such a lawsuit. Our labor and employment attorneys have the experience to recognize the most effective and cost efficient strategies in defending your business.