Practice Areas & Industries: Constangy, Brooks, Smith & Prophete, LLP


Wage and Hour Compliance and Litigation Return to Practice Areas & Industries

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Practice/Industry Group Overview

Policy development, preventive advice, and management training on the following issues: Compliance with the overtime/exemption, child labor, and minimum wage provisions of the Fair Labor Standards Act; compliance with state wage and hour laws; compliance with federal and state family and medical leave laws; "independent contractor versus employee" issues. Also defense in litigation brought under these laws, including wage and hour class and collective action litigation.

The attorneys on Constangy’s Wage and Hour Compliance team have substantial expertise in all areas of the federal Fair Labor Standards Act and state wage and hour laws, some having come to the firm from positions with the U.S. Department of Labor.

The Wage and Hour team is ready to assist you in determining the "exempt" status of your employees; handling some of the more complex wage and hour issues of recent vintage, such as overtime recordkeeping for telecommuting employees and the exemption status of jobs that have become much less "discretionary" because of technology. Additionally, modern-day compliance with the overtime requirements for non-exempt employees paid under various incentive compensation arrangements is not a simple task, and Constangy’s Wage and Hour lawyers can carefully guide employers through these difficult compliance issues.

The Fair Labor Standards Act also provides a fertile field for class action litigation, and the Wage and Hour team has substantial experience in this area, having defended numerous class and collective actions brought under both federal and state wage and hour laws.  The wage and hour laws can be quite complex, and the plaintiffs’ employment bar has learned just how lucrative class and collective action litigation can be in this area of the law.  Such litigation is very unique, and requires defense counsel that are skilled and knowledgeable in this area of the law.

The attorneys on the Wage and Hour team have experience in the following industries:

  • Restaurant and food service
  • Health care
  • Banking
  • Insurance
  • Manufacturing
  • Retail

Our Wage and Hour team publishes a quarterly periodical, Wage Hour Report.

Wage and Hour Representative Matters

Defeated class certification effort in statewide wage and hour case involving allegations of off-clock work by chain retailer, and settled remaining claims of named plaintiffs on favorable terms. Convinced plaintiff's counsel to dismiss an FLSA collective action with prejudice after refuting liability with employer's payroll records.

Prevailed in obtaining court order compelling arbitration of FLSA collective action, and then settled claim of named plaintiff and obtained dismissal of collective action.

Disposed of class action wage and hour claims in arbitration proceeding by satisfying single named plaintiff's claim and moving for dismissal of case.