Related Service Areas
- Job Descriptions Have FLSA, NLRA, ADA Implications
- Will 40 Be the New 30? The PPACA may result in more claims under the FLSA
Newsletters & Bulletins
- Client Bulletins, D.C. Wage Theft Prevention Act Goes Live
- Wage Hour Report, A Cautionary Note On That "Companionship Services" Rule
- Wage Hour Report, DOL's Companionship Rule Gets the One-Two Punch
- Wage Hour Report, Security Check-Out is Not "Compensable" Work Time, Supreme Court Says
- Client Bulletins, New Sick Leave Rights For Massachusetts Employees Raise Concerns For Employers
- Wage Hour Report, DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On
- Client Bulletins, Recent Amendments to the Massachusetts Wage Act
- 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
Some people call it “workplace 3.0” – the rapidly changing nature of today’s business environment to a more mobile, task-based based workforce. With the use of outsourced labor and contractors on the rise, and the growth of telecommuting and digital connectivity among employees, defining your traditional workday may be becoming increasingly difficult.
As compliance with federal and state wage and hour laws becomes more complicated, the plaintiffs’ employment bar has learned just how lucrative class and collective action litigation can be. This litigation is unique because it often incorporates both federal and state claims in the same cause of action, and requires defense counsel skilled and knowledgeable in the specific intricacies of wage and hour law. This is also an area that is excluded under most employment practice liability policies, so for most employers, back wage exposure and all of its associated costs continues to be an uninsured risk.
Because there is no preemption of state law by federal wage and hour laws, employers covered by both must take steps to ensure compliance with whichever law imposes the greater obligation on the employer. This meshing of federal and state wage and hour laws can be particularly burdensome for employers with multi-state operations.
Constangy’s wage and hour team can help you navigate this difficult landscape.
What Sets Us Apart
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 within the U.S. Department of Labor and various state agencies.
You could even say that Constangy “wrote the book” on wage hour compliance – practice co-chair Ellen Kearns is the Editor-in-Chief of the American Bar Association’s highly respected treatise on the FLSA.
We are skilled at handling some of the more complex wage and hour issues of recent vintage, such as recordkeeping for telecommuting employees and the exemption status of jobs that have become much less "discretionary" because of technology. We also understand modern-day compliance with the overtime requirements for non-exempt employees paid under various incentive compensation arrangements.
What We Do
Our attorneys have successfully defended numerous class and collective actions brought under both federal and state wage and hour laws. We also know how to help you minimize risk and reduce potential liability by offering policy development and training to help ensure and maintain compliance.
- 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 and joint employer issues