Related Service Areas
- Two Constangy Attorneys named as Top 20/Top 100 Employment Attorneys in the Nation
- Daily Labor Report: DOL's Smartphone App Is a Good FLSA Reminder
- James Coleman Pens Corporate Counsel Weekly Article on the DOL's "Bridge to Justice" Alliance
- Constangy Attorney Serves as Editor in Chief of Second Edition of The Fair Labor Standards Act Published by BNA
- Ellen Kearns quoted in Atlanta Journal-Constitution on FLSA issues
- Ellen C. Kearns to speak at “Managing Wage & Hour Risks 2010” in NYC
- St. Louis Quarterly Breakfast Briefing: Dangers, Dilemmas, and Debacles: Dodging Wage and Hour Hazards
Newsletters & Bulletins
- Wage Hour Report, Massachusetts to Raise State Minimum Wage
- Wage Hour Report, Obama to Seek Drastic Changes to White-Collar Regulations Dealing With Overtime Exemption Under FLSA
- Client Bulletins, BYOD Requires BYOB: How to Handle the Challenges Inherent in a "Bring Your Own Device" Program
- Client Bulletins, New York City Council Passes Mayor De Blasio's Expansion to the Earned Sick Time Act and Leaves Many Small Businesses on Life Support
- Wage Hour Report, Supreme Court Offers Common Sense Guidance on What Constitutes "Changing Clothes" Under the FLSA
- Wage Hour Report, Avoid a Halloween Horror: Use Fluctuating Workweek to Protect Your Company if "Exempt" Employees are Misclassified
- Wage Hour Report, COUNTING THE COST OF PAYROLL CARDS: Are They Worth It for Employers?
- Client Bulletins, Private FLSA Settlement A Train Wreck
- Client Bulletins, New York High Court Provides Guidance on Tip Splitting Under State Law
- Wage Hour Report, Who's Minding the Store? -- California Court Ignores FLSA Regulation on Multi-Tasking and Rejects Employer's Claimed Exemption for Store Manager
- Wage Hour Report, DOL To Focus on "Tipping Policies" When Investigating Restaurant Practices
- Client Bulletins, Plaintiff With Moot Claim Can't Represent Others in FLSA Collective Action, Supreme Court Says
- Client Bulletins, You Buy the Business, You Buy Its Sins - Seventh Circuit Reminds Business Buyers of Successor Liability for Federal Employment Law Violations
- Wage Hour Report, Massachusetts High Court Provides Helpful Guidance to Employers Regarding Damages and Releases Under Wage Act
- Wage Hour Report, Florida's Minimum Wage Will Be $7.79 on January 1
- Wage Hour Report, Proposed Rule Would Make Most Home Healthcare Workers Non-Exempt... And Deadline to Comment is Monday
- Client Bulletins, Non-Union Arbitration Agreement Violates Employee Rights, NLRB Says
- Wage Hour Report, STAY HOME! Non-Residents Entitled to California Overtime Protection While There, California Supreme Court Rules
- Constangy FYI, DOL's New Smartphone App Is a Good Reminder to Employers to Ensure Their FLSA Recordkeeping Is in Order
- Wage Hour Report, Oral Complaints of FLSA Violations are Protected, Supreme Court Says
- Client Bulletins, Docking Pay For Property Damage Not Permitted Under Massachusetts Wage Act, Court Rules
- Client Bulletins, DOL Provides Help and Seeks Feedback On Lactation Break Laws
- Wage Hour Report, Privatizing Wage and Hour Enforcement: The New DOL-ABA Collaboration
- Wage Hour Report, "Plan/Prevent/Protect"
- Client Bulletins, Nursing Mothers Get Unpaid Breaks in Health Care Law
- Wage Hour Report, Business Not As Usual At Wage Hour Division
- Wage Hour Report, EMPLOYERS’ BANE: Wage Hour Class Suits Lead the Field With No End in Sight
Wage and Hour Compliance and Litigation
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
Our Wage and Hour team publishes a quarterly periodical, Wage Hour Report.