Class and collective action litigation over wage-hour violations is one of the greatest threats for employers today. In the last few years, the number of wage-hour class actions has skyrocketed, outpacing the frequency and severity of all other employment-related litigation. Even minor mistakes can expose a business, and its individual managers, to millions of dollars in damages.
Nixon Peabody’s Wage-Hour Litigation team is made up of experienced, savvy litigators who understand the unique issues that arise in wage-hour cases and have successfully resolved disputes ranging from single-plaintiff cases to complex class actions involving tens of thousands of class members with high damages exposure. We have decades of experience representing clients in state and federal courts, before administrative agencies, and on a multi-jurisdictional basis. These cases have involved a wide array of issues, including allegations of misclassification of exempt/nonexempt employees, “off-the-clock” work, miscalculated commissions, unpaid meal periods (arising from auto-deduction policies), regular rate calculations, and improper use of “comp time.”
Our wage-hour litigation strategy sets us apart. We have developed an effective, analytical framework to defend against these unique actions. Our methodology often includes conducting an early case assessment to evaluate the underlying merits of the case and potential procedural and substantive defenses, including well-developed strategies and tactics to defeat class certification. Our goal at all times is to determine the most cost-effective approach to defending the action in order to achieve either net settlement or trial advantage, while remaining attentive to the client’s overall business objectives.
Our Wage-Hour Defense practice covers all 50 states, but we have particular strength in areas that are seeing a surge in wage-hour actions, including California, Massachusetts, New Jersey, New York, and Pennsylvania. We have defeated motions for class certification (even at the conditional notice stage), won motions to dismiss or for summary judgment on the merits, and successfully negotiated creative class settlements (with high client-reverter amounts). We have extensive experience in many jurisdictions with particularly challenging state laws, such as New York’s six-year statute of limitations, California’s unique and often arcane provisions governing wages and class action lawsuits, and Massachusetts’ Wage Act, which requires mandatory trebling of damages. We have litigated frequently against the most active plaintiffs’ class action firms; we know their tactics, the way they think, and how they approach these cases. Our unique knowledge and experience often result in either limiting or defeating class certification, even in the most difficult cases.
New York City Council enacts mandatory paid sick leave bill
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New York State DOL publishes proposed regulations regarding permissible wage deductions
Employment Law Alert | May 17, 2013
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California court: class arbitration waivers allowed after all
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June 20, 2012
Supreme Court holds that pharmaceutical reps meet the outside sales exemption to the FLSA
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June 18, 2012
Brinker sequel: no attorney's fees allowed on California meal and rest period claims
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May 7, 2012
California holds that state overtime law applies to non-residents working in the state
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July 14, 2011
Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
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July 13, 2011
France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
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July 8, 2011
Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
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June 24, 2011
Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
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June 23, 2011
Inevitable disclosure doctrine is alive and well in Massachusetts
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June 20, 2011
Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
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June 14, 2011
Supreme Court clears the way for employee arbitration agreements waiving class action rights
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April 28, 2011
New FLSA rules address tip pooling, fluctuating workweek, and other issues
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April 13, 2011
California lawsuits have employees standing up for their right to sit down
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April 7, 2011
New York Department of Labor releases Wage Theft Prevention Act guidance and forms
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April 4, 2011
New York Wage Theft Prevention Act effective April 9, 2011
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March 28, 2011
Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
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March 11, 2011
Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
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March 1, 2011
The NLRB/Facebook case may have settled, but employer social media policies are still under attack
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February 24, 2011
California court weighs in on meal period rules
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February 24, 2011
California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
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February 23, 2011
U.S. Supreme Court announces broader employee protection under Title VII
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February 11, 2011
The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
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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
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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
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January 25, 2011
California mandates paid leave for organ or bone marrow donation
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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
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January 10, 2011
New California meal period exemptions in effect
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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
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December 20, 2010
New York makes several changes to Labor Law
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December 15, 2010
California resolves limitations periods on waiting time penalties claims
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December 9, 2010
Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
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November 16, 2010
Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
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November 11, 2010
Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert
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November 11, 2010
No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert
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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
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September 29, 2010
New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert
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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
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August 19, 2010
Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert
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August 12, 2010
Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert
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July 14, 2010
FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert
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June 24, 2010
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