Wage and hour issues continue to be a hot item for employers. In recent years, the number of wage and hour claims under the Fair Labor Standards Act (FLSA) and state laws has risen. Audits by the Department of Labor are more prevalent than ever, and the number of civil claims, including class and collective actions that lead to high-dollar liabilities, has continued to grow. While large, well-known conglomerates are often the subject of such FLSA lawsuits and resulting media attention, small, locally owned and operated companies have also been targeted by state and federal agencies and disgruntled employees.
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Smith Moore Leatherwood's Labor and Employment Group is one of the most experienced in the region. Our attorneys help employers assess their vulnerabilities and implement policies and practices to avoid issues that put business at risk. With wage and hour claims, problems arise most frequently in the below areas:
- Automatic Deductions for Meals or Break Times
- Donning and Doffing
- Calculating Regular Rate of Pay for Overtime
- Remote Work and/or Not Paying for All Time Worked
- Misclassification of Non-Exempt Employees as Exempt
- Deductions from the Pay of Salaried Exempt Employees
- Travel Time
- Recordkeeping and Rounding Rules
- Misclassification of Workers as Independent Contractors
While plaintiffs' attorneys and the Department of Labor have most recently targeted hospitality, retail, transportation, and healthcare industries, all employers – big and small -- should periodically analyze their practices and policies for recordkeeping and pay.
Our lawyers know how to help you identify potential issues, ensure compliance with the FLSA and state wage and hour laws, and strategically defend against individual and class/collective actions when they arise.
For more information on the wage and hour issues that put businesses at risk, check out our Labor and Employment Group's special publication, the "Money Minute."