Wage & Hour

Wage & Hour

When companies' pay practices are challenged and millions of dollars are on the line, employers look to Waller's top-tier employment litigators to defend nationwide collective actions claiming "off-the-clock" violations, unpaid overtime or misclassification of workers under the Fair Labor Standards Act (FLSA), as well as state law wage and hour class actions.

Waller has lawyers whose core practice is federal and state wage and hour litigation, Department of Labor (DOL) investigations, company audits and proactive counseling. We have defended collective and class actions throughout the country in virtually every industry against many prominent plaintiff-side firms.

We help clients navigate the compliance maze that can arise through a state or federal audit and investigation. Our lawyers are skilled at finding ways to minimize back pay exposure where possible, and pushing back on claims for liquidated damages or civil money penalties.

Our seasoned attorneys:

  • Provide counsel during Department of Labor audits and investigations
  • Have a long history of defending lawsuits in state and federal courts over allegations of unpaid overtime, off-the-clock work and other Fair Labor Standards Act (FLSA) violations
  • Successfully argue against certification of several collective actions and obtain favorable resolutions in nationwide collective actions

The experience of our attorneys runs the full range of claims, including meal breaks and rest periods, auto-deduct policies, employee classification, preliminary and postliminary activities, independent contractor versus employee issues, "off-the-clock" work and exempt employee misclassification. 

Waller works with clients to provide comprehensive wage and hour audits that review compliance with both federal and state laws. Services include: 

  • Helping with management decisions on assigning specific duties and tasks to ensure exempt and non-exempt status 
  • Proper classification of exempt and non-exempt employees
  • Refining job descriptions
  • Working with clients to develop creative solutions and ensure compliance
  • Creating customized training programs on wage and hour compliance issues
  • Conducting employee handbook reviews to help ensure that payroll practices are compliant with federal and state law

Related Experience

FLSA collective action resolved favorably for a national restaurant chain

Successfully defended a national restaurant chain in a putative nationwide FLSA collective action regarding minimum wage and non-tipped duties.

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