Wage and Hour

Overview

Blank Rome’s employment attorneys have significant experience advising clients on the requirements of the myriad federal and state wage and hour laws that regulate how employees must be paid, including the:

  • Fair Labor Standards Act ("FLSA")
  • Service Contract Act
  • Davis-Bacon Act
  • Walsh-Healy Act
  • Equal Pay Act
  • Lily Ledbetter Fair Pay Act

We also regularly represent employers before state and federal administrative agencies in wage-hour audits and have a robust court practice in which we defend clients against claims that they have violated state and/or federal wage and hour laws and regulations.

What We Do

  • Perform internal audits of our clients’ wage and hour policies to determine whether they are:
    • accurately classifying employees as either exempt or non-exempt
    • appropriately classifying independent contractors
    • requiring employees to perform “off the clock” work without compensation
    • making “bonus”/extra payments which qualify for overtime pay
    • maintaining accurate records, including whether they are utilizing a compliant “rounding” system
  • Defend clients before state and federal courts and administrative agencies in a variety of matters, including:
    • claims of noncompliance
    • violation of FLSA and state wage laws
    • negotiating reductions in potential exposure

What Sets Us Apart 

  • An emphasis on compliance and litigation avoidance. FLSA compliance is a prime example of where “an ounce of prevention” may result in significant long-term savings.
  • Focus on training clients’ staff to recognize issues and prevent violations.
  • Development of solutions-oriented approach to claims of noncompliance.

Experience

We have conducted numerous audits of client wage and hour practices, resulting in changed practices that have led to considerable cost savings. These audits have focused on:

  • Exempt versus non-exempt classification issues;
  • Appropriate use of independent contractor status;
  • Whether the client’s use of unpaid interns is compliant with federal and state law;
  • Whether the client is paying for “off the clock work”; and
  • Whether certain bonus/extra payments require additional overtime pay.

We have an active litigation practice in which we have defended clients in federal and state courts, as well as before administrative agencies. These representations include:

  • Defended a nationwide FLSA collective action in which it was alleged that the employer did not pay its employees for “off the clock” work prior to and after the “official” workday began and ended. After conducting extensive discovery, we successfully negotiated a settlement of the case.
  • Defended an employee service provider in a collective/class action in which it was alleged that the client misclassified workers as independent contractors and not employees.
  • Defended a large retail chain in FLSA collective action in which it was alleged that the employer misclassified mid-level managers as exempt “executives” and not as non-exempt employees.
  • Defended two employers in FLSA collective actions in which it was alleged that the employers had not paid employees for work performed at home at the end of the workday.
  • Defended an employer in FLSA collective action in which it was alleged that the employer did not pay its employees for overtime work they performed in excess of 40 hours per week.