Wage & Hour
Wage and hour regulations are not only complex and often misunderstood, but have become the source of significant liability. In fact, in recent years the number of wage and hour collective actions has exceeded the number of discrimination class actions. Balch & Bingham attorneys were ahead of and prepared for this new litigation trend. Our attorneys have successfully litigated dozens of wage and hour cases, involving thousands of employees. We have the expertise, experience and technology to handle the largest of collective actions or address most any claim or issue without having to “reinvent the wheel.” Our experience also is valuable in conducting wage and hour audits and in assisting clients in developing policies and practices that can help avoid litigation.
RELATED PRACTICES
Representative Experience
Obtained first court ruling in United States holding that supervisors and employees they supervised could not be “similarly situated” for purposes of representative collective FLSA action.
Defended multiple FLSA collective actions based on claim of failure to pay employees for time spent donning and doffing work clothing and personal protective equipment.
- Successfully resolved a nationwide Department of Labor Wage and Hour investigation regarding off-the-clock work and unpaid overtime.
- In multiple cases, have limited nationwide discovery and class notice to single states or sites of employment.
- Represented a hospital in a Department of Labor overtime audit, resulting in settlement of overtime and bonus claims.
- Represented a major regional bank in Department of Labor overtime audit, resulting in settlement of overtime claims of approximately 3,000 tellers and customer service representatives.
- Represented a national restaurant chain in a Department of Labor overtime audit, resulting in settlement of overtime claims by more than 300 servers.
- Represented retail chain in Department of Labor overtime investigation involving misclassification of sales staff.
- Represented large national restaurant chain in nationwide collective action involving off-the-clock time and misclassification of managers and assistant managers.