Did you know that non-discretionary bonus amounts are included in the regular rate of pay for overtime purposes? Are you paying your employees for all hours worked over 40 in a workweek? Are you making automatic deductions for your employees’ lunch hour without knowing that they’re working during lunch? Are your employees and contractors classified properly?
Overtime and misclassification are two of the biggest areas of risk for employers. Failing to do any of these actions properly can result in big fines, even if the financial error is nominal. The Fair Labor Standards Act and related state laws are set up to ensure that employers pay employees properly by ensuring substantial economic consequences for failing to do so, including liquidated or double damages and recovery of attorneys’ fees when violations are discovered in litigation. Let us help.
Our experienced team can talk you through these complex issues and navigate you through class or collective action litigation. Starting with a comprehensive review of your pay policies and practices, we can proactively advise you on potential red flags or areas of concern that could lead to wage and hour liability. If identified, we can help you develop a plan to remedy those issues before they are challenged legally. Once faced with a legal challenge, we will defend your company efficiently and in a most cost-effective manner in an effort to avoid substantial financial consequences.