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Wage-Hour Compliance

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WAGE-HOUR COMPLIANCE

Employers often face wage-hour issues, whether it’s determining the classification of an employee, knowing when to pay overtime, or navigating various state laws regarding pay. In recent years, wage-hour claims have outnumbered nearly all other workplace disputes. With persistent change on a local, state, and national level, wage-hour compliance has become a central workplace issue.

Nixon Peabody’s Wage-Hour team can simplify the process of compliance. We combine a thorough understanding of the regulatory environment with an understanding of our clients’ businesses to provide efficient, practical counsel on all wage-hour issues.

Our experience and creativity help our clients implement changes that are consistent with business and operational needs. We work as partners with human resource staff, executives, and in-house attorneys in a number of areas.

  • On-call counseling: Many wage-hour issues—such as nonexempt classification, pay calculations, payroll docking, and recordkeeping requirements—require prompt and reliable advice. Our team is on-call to answer our clients’ questions and to recommend best practices.
  • Wage-hour audit program: We conduct wage-hour audits for clients to protect their companies from litigation, often saving them thousands, and in some cases millions, of dollars. In such audits, we evaluate job descriptions, interview managers, and conduct legal research. Our audits frequently include an analysis of payroll practices and meal period compliance for non-exempt employees. Wage-hour audits customized for your specific business needs are essential to maintain ongoing compliance programs, but audits can be burdensome for both managers and staff. We know how to perform audits without disrupting your operations, so your business can continue to operate the way you need it to.
  • Education and training: Our Wage-Hour team provides tailored, in-house trainings for managers and supervisors regarding wage-hour requirements. We also distribute a bi-monthly publication, A Matter of Time: Wage-Hour News You Can Use, which provides practical tips on compensation compliance.
  • Federal and state investigations and proceedings: Our attorneys guide employers through the demanding requirements involved with federal and state audits, investigations, or enforcement proceedings, including the Fair Labor Standards Act (FLSA), Davis-Bacon Act, and Service Contract Act matters.
  • Litigation: Class actions, collective actions, and individual suits involving the FLSA and other wage-hour issues are among the most dangerous cases for employers. Our wage-hour attorneys have the experience, sophisticated tools, and track record of success to defend clients effectively and efficiently in these litigious matters.

No matter what compensation issue an employer may face, our Wage-Hour team can provide efficient and effective compliance assistance.

Thought Leadership/Alerts

New York City Council enacts mandatory paid sick leave bill
Employment Law Alert | May 23, 2013

New York State DOL publishes proposed regulations regarding permissible wage deductions
Employment Law Alert | May 17, 2013

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Workplace agencies impacted by the sequester
Employment Law Alert | April 30, 2013

Massachusetts employers are well-advised to revise employee release agreements in accordance with a recent Supreme Judicial Court decision
Employment Law Alert | January 9, 2013

Wage and hour issues arising from Hurricane Sandy
Employment Law Alert | November 6, 2012

California employment legislation: What's new for 2013?
Employment Law Alert | October 5, 2012

Attention NY employers: Governor Cuomo signs New York Labor Law amendments expanding permissible wage deductions
Employment Law Alert | September 12, 2012

California charter cities do not have to pay prevailing wages on local public projects involving local public funds
Employment Law Alert | July 10, 2012

Supreme Court holds that pharmaceutical reps meet the outside sales exemption to the FLSA
Employment Law Alert | June 18, 2012

After Brinker and Dukes, court serves up class certification denial on meal and rest period claims but not on overtime
Employment Law Alert | May 11, 2012

The professional overtime exemption: learned professionals and creative professionals
A Matter of Time: Wage-Hour News You Can Use | May 10, 2012

Brinker sequel: no attorney's fees allowed on California meal and rest period claims
Employment Law Alert | May 7, 2012

Webinar Recording: Can employers catch a break and rest after Brinker?
Originally recorded April 17, 2012 | April 20, 2012

The executive exemption: classifying managers
A Matter of Time: Wage-Hour News You Can Use | March 6, 2012

California Labor Commissioner issues template notice under Wage Theft Protection Act
Employment Law Alert | January 6, 2012

Employee furloughs: cost saver or liability?
A Matter of Time: Wage-Hour News You Can Use | August 15, 2011

California holds that state overtime law applies to non-residents working in the state
Employment Law Alert | July 14, 2011

Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert | July 13, 2011

Break it down: understanding the law on employee meal and rest periods
A Matter of Time: Wage-Hour News You Can Use | July 12, 2011

France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert | July 8, 2011

Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert | June 24, 2011

Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert | June 23, 2011

Blackberries on the Beach
A Matter of Time: Wage-Hour News You Can Use | June 22, 2011

Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert | June 20, 2011

Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert | June 14, 2011

The season of the intern
A Matter of Time: Wage-Hour News You Can Use | June 9, 2011

Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert | April 28, 2011

New FLSA rules address tip pooling, fluctuating workweek, and other issues
Employment Law Alert | April 13, 2011

California lawsuits have employees standing up for their right to sit down
Employment Law Alert | April 7, 2011

New York Department of Labor releases Wage Theft Prevention Act guidance and forms
Employment Law Alert | April 4, 2011

New York Wage Theft Prevention Act effective April 9, 2011
Employment Law Alert | March 28, 2011

Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
Employment Law Alert | March 11, 2011

Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
Employment Law Alert | March 1, 2011

The NLRB/Facebook case may have settled, but employer social media policies are still under attack
Employment Law Alert | February 24, 2011

California court weighs in on meal period rules
Employment Law Alert | February 24, 2011

California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
Employment Law Alert | February 23, 2011

U.S. Supreme Court announces broader employee protection under Title VII
Employment Law Alert | February 11, 2011

The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
Employment Law Alert | February 7, 2011

Ninth Circuit decision makes it even more difficult for employers to recover attorney’s fees incurred defending against frivolous claims in multi-count suits
Employment Law Alert | January 25, 2011

Ninth Circuit holds that resignations in advance of, but in response to, announced plant closure are not “voluntary departures” under WARN Act
Employment Law Alert | January 25, 2011

California mandates paid leave for organ or bone marrow donation
Employment Law Alert | January 18, 2011

Circuit Court Holds Private Employers Permitted to Reject Applicants Based on Past Bankruptcy Filing; Bar on Termination and Other Discrimination For Existing Employees Remains
Employment Law Alert | January 10, 2011

New California meal period exemptions in effect
Employment Law Alert | January 7, 2011

Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements

Employment Law Alert | December 20, 2010

New York makes several changes to Labor Law
Employment Law Alert | December 15, 2010

California resolves limitations periods on waiting time penalties claims
Employment Law Alert | December 9, 2010

Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
Employment Law Alert | November 16, 2010

Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
Employment Law Alert | November 11, 2010

Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert | November 11, 2010

No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert | October 13, 2010

It’s a cold, cold world: tech companies agree to halt “no cold-call” agreements that Justice Department charges are illegal per se
Employment Law Alert | September 29, 2010

New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert | September 3, 2010

Massachusetts employers must immediately change how they handle employee documentation in light of the amended Massachusetts personnel records statute
Employment Law Alert | August 19, 2010

Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert | August 12, 2010

Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert | July 14, 2010

FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert | June 24, 2010

U.S. Department of Labor Wage and Hour Division’s activist agenda — significant new mandates, including required classification analyses and worker disclosures
Employment Law Alert | June 10, 2010

Restrictive-covenant federal lawsuit over social media conduct raises novel, far-reaching questions for employers
Employment Law Alert | June 2, 2010

Employers must provide breaks for nursing mothers pursuant to new FLSA amendment
Employment Law Alert | June 1, 2010

Defense Department publishes Interim rule implementing Franken Amendment: What it means for employment arbitration agreements for defense contractors
Employment Law Alert | June 1, 2010

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Media Clips

    • Post-Brinker Workers Attack Calif. Employers on New Fronts
      Employment Law360 | April 9, 2013

      San Francisco Labor & Employment partner Paul Lynd discusses employment lawsuits a year after California Supreme Court’s landmark Brinker v. Superior Court decision holding that companies don’t need to police employees to ensure they stop working during meal breaks.

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    Events

    Wage-Hour Compliance