Wage and Hour Compliance & Defense

Overview

Companies face many types of lawsuits from employees and ex-employees on a daily basis. One of the most frequent and potentially devastating actions involves claims for unpaid minimum and overtime wages under federal and state wage laws.

When confronted with high-stakes wage claims, clients need experienced compliance counsel and aggressive representation. Michael Best’s Wage and Hour team has defended companies in U.S. Department of Labor (DOL) audits, single-plaintiff claims, class actions under state laws, collective actions under the Fair Labor Standards Act, and prevailing wage complaints. Our clients run the gamut of industries, including manufacturing, financial services, healthcare, technology, restaurant, agriculture, and retail.

 

We have the experience, tenacity, and resources to successfully handle local, regional, and national cases in state and federal court, before administrative agencies, and in mediation and other forms of alternative dispute resolution.

We are also experienced in proactively counseling clients on wage and hour compliance, thereby reducing their exposure to class and collective action lawsuits, and we routinely conduct confidential internal audits of compensation practices.

 

Experience

Wage and Hour Compliance Audits

We help clients identify potential wage and hour concerns to minimize or reduce risk exposure and to take the necessary steps to ensure compliance with federal and state laws. This includes review of exempt/non-exempt and independent contractor classifications, off-the-clock work policies, and other pay-related calculation practices and subsequently guiding clients through the necessary steps to efficiently and cost-effectively address these issues.

Wage Claim Defense

If litigation is necessary, members of our wage claim defense team know how to take cases to judgment or verdict and win. At the same time, we are seasoned in all aspects of pre-trial procedure and discovery, which is essential given that many cases are resolved prior to trial. We strive to minimize the substantial burden of electronic discovery.

We appropriately staff cases based upon our clients’ business needs and the substantive issues in each case, allowing us to provide high-quality, efficient representation. We recognize that class certification is a critical phase of litigation and vigorously seek to defeat class certification or obtain decertification of the class whenever possible.

Agency Investigations

We are experienced in working with federal and state labor officials and representing clients in DOL and state labor department investigations, and we can provide strategic guidance on the best approach to achieving a favorable outcome in agency investigations.

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