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