Complex wage and hour issues, including whether workers are receiving proper overtime pay and whether employees have been properly classified as exempt from the overtime laws, are increasingly common in today’s workplace. Few firms can match our skill and experience in navigating the maze of federal and state wage and hour laws, including the Fair Labor Standards Act (FLSA) and the New York Labor Law.
Based on the broad reach of our practice, we are intimately familiar with the current federal and state court rulings and trends in the area of wage and hour law as well as collective and class action litigation procedures.
We handle the full spectrum of wage and hour matters, including collective and class actions involving:
- misclassification of employees as exempt from the overtime laws (which include the “executive,” “administrative,” “professional,” and “outside sales” exemptions);
- the definition of an “employee” (versus an “independent contractor”);
- failure to pay a premium rate of “time and a half” for work in excess of 40 hours a week;
- “off the clock” practices such as requiring or permitting work before or after a shift or during unpaid meal or rest breaks;
- work performed remotely from home;
- wage deductions;
- tips and “service charges”;
- personal sick pay;
- rounding and the proper calculation of overtime payments (including when bonuses, commissions and other payments other than hourly wages must be included in the overtime calculation);
- recordkeeping requirements; and
- other pay practices and employment policies.