Wage and Hour Compliance

We craft practical solutions to wage and hour issues that effectively manage risk and litigation while achieving and enhancing our clients’ business goals.

With a national reach and local proficiency on state-specific wage and hour laws, BakerHostetler’s Wage and Hour Compliance team partners with clients in crafting practical solutions to wage and hour issues that effectively manage risk and litigation while achieving and enhancing our clients’ business goals.

We navigate the federal, state and local regulations governing workplace compensation, with a focus on practical, innovative and cost-effective solutions to wage and hour issues. We also ensure that our clients are ahead of the curve and are poised to respond and adapt to changes in the law before they are implemented, without disruption to business operations. Clients trust us to help them avoid time-consuming collective and class actions and the resulting adverse publicity and disruption that can threaten a company’s reputation and bottom line.

Managing detailed audits in the manufacturing, hospitality and healthcare industries, focusing on compliance with federal, state and local law and risk avoidance.
Representing employers involved in investigations by the Wage and Hour Division of the U.S. Department of Labor (DOL) and state labor departments of Fair Labor Standards Act (FLSA) and SCA compliance, including liquidated damages and willfulness issues that now arise even in first-time investigations.
Represented a Fortune 500 company in a surprise unannounced investigation by the Wage and Hour Division of the company’s payroll practices and federal wage and hour compliance.
Providing advice on exemption and independent contractor issues in a wide range of industries, including hospitality, healthcare, information technology, transportation, manufacturing and finance.
Successfully obtaining a favorable Wage and Hour Division opinion letter on the applicability of “white-collar exemptions” on a per-project basis.
Longtime representation of military contractors faced with SCA prevailing wage and benefit issues, including questions arising at the intersection of the SCA and the National Labor Relations Act.
Representing California employers on issues arising under the Private Attorneys General Act and other provisions of the California Labor Code.
Advising on the applicability of the U.S. Supreme Court’s decision in Epic Systems and its progeny, and when it makes sense for employers to use arbitration vs. litigation.
Ensuring a “fair reading” of exemptions under the FLSA in the aftermath of the Supreme Court’s decision in Encino Motorcars.
Advising on the regular rate issues attendant to certain types of stock grants under Section 7 (e) (8) of the FLSA and the Worker Economic Opportunity Act of 2000.
Providing advice in and outside of litigation concerning the DOL’s jettisoning of the “80-20” rule and the type of deference to be accorded to the agency’s action.
Determining the meaning to be ascribed to the definition of “waste” under the Wage and Hour Division’s Field Operations Handbook and court cases for purposes of determining jurisdiction under the FLSA.
Advising on the proper overtime computation of “piece work” under the FLSA.

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