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Wage and Hour

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People

Wage and hour compliance has become a critical issue for employers. Recent class action settlements and decisions have demonstrated employer vulnerability in this area. Multi plaintiff wage and hour lawsuits pose a significant employment litigation threat to businesses operating in the US today and can result in extremely large payouts of back wages, penalties, interest and attorneys’ fees.

The Harris Beach Labor and Employment Practice Group has the depth and breadth of experience to provide counsel on complex and evolving federal and state wage and hour compliance issues. We regularly advise clients on matters relating to the federal Fair Labor Standards Act (FLSA), New York State Labor Law, and corresponding regulations and wage orders. We are frequently called upon to draft pay policies, discuss practices, train managers on compliance issues, perform compliance and classification audits, provide advice and recommendations during ongoing government agency-initiated investigations, and defend related individual and class action litigation wage and hour suits.

Compliance Counseling and Training

Harris Beach attorneys counsel employers on wage and hour compliance issues, such as compliance with federal and state minimum wage and overtime laws and regulations, hours worked, proper and improper deductions from pay, and required meal periods. We provide preventive legal advice and customized training upon request for all levels of management, including training for supervisors who must be aware of legal requirements in their day-to-day activities.

Exempt/Non-Exempt Status Determinations (Wage and Hour Classification)

Today’s increased regulatory scrutiny on employee misclassification can have costly implications for employers who may become subject to liability through federal and state Department of Labor-initiated investigations and/or lawsuits, and individual and class action lawsuits alleging misclassification. We routinely assist clients in determining whether positions are properly classified as exempt from federal and/or state minimum wage and/ or overtime requirements, by performing job description reviews and speaking with direct line supervisors. We also perform larger-scale audits to identify and help our clients proactively correct potentially misclassified positions. This can provide a good-faith defense should claims later arise.

Federal and State Investigations and Proceedings Counsel

Harris Beach guides employers through U.S. Department of Labor and New York State Labor Law audits, investigations and enforcement proceedings. This includes FLSA matters involving minimum wage, overtime, equal pay and recordkeeping, as well as Davis-Bacon Act and Service Contract Act matters.

Litigation Defense, including E-discovery (e-info℠)

Our litigators have a strong track record of successfully defending employers in wage and hour related class and collective actions, and individual lawsuits in federal and state courts. Our representative litigation defense experience includes achieving a favorable settlement for a Fortune 500 retail industry client in a national 120,000-member class action lawsuit, as well as achieving positive outcomes, including summary judgments, in wage and hour class action claims for clients as diverse as automotive dealers, customer contact centers, hospitals, schools, restaurants, collection agencies and security providers.

We defend employers with nationwide and multi-state operations in claims alleging overtime pay violations, missed/ unpaid meal and break periods, misclassification of workers, failure to include all payments in calculating the minimum wage, off-the-clock work, failure to calculate the “regular rate” for overtime purposes, prevailing wage violations and other wage and hour issues. In this environment, electronic discovery (e-discovery) has become a significant cost component of government investigations and litigation such as class and collective action wage and hour disputes. It is also an area fraught with risk since sanctions and claims of spoliation are now common in large litigation cases. As a law firm with state-of-the-art technology, Harris Beach is well positioned to meet the defensibility and cost challenges associated with e-discovery. Our e-discovery practice, branded e-info℠, leverages predictive-coding to make the use of e-discovery reasonable for any litigation, regardless of size or industry. Harris Beach has routinely been named as a “Go To” law firm for litigation e-discovery in the In House Law Departments at the Top 500 Companies as published by Corporate Counsel.

Media Relations and Communications

A controversial or crisis situation such as a class action lawsuit or government investigation related to an employer’s wage and hour practices can expose an organization and its stakeholders to significant public and media attention with potentially damaging consequences to its image, brand and internal morale. Harris Beach serves employers as a resource for effective communications strategies when highly controversial situations or challenging communications issues arise. We have public relations professionals on staff who have handled a variety of high-profile incidents that have drawn national and international media attention. We conduct media outreach on behalf of clients upon request and arrange interviews; organize press conferences; assess situations to determine the best approach for handling media inquiries; draft media statements, press releases, and internal communications; prepare spokespeople with key message points to all constituencies; and conduct media training. Our communications professionals and attorneys also help employers develop and roll-out related internal communications that reflect the legal strategy and compliance considerations.

Policy and Procedure Development

Harris Beach attorneys assist employers with the development and review of employee handbooks and manuals. We regularly review and update our clients’ personnel policies and procedures upon request to verify compliance with emerging wage and hour related laws and regulations.

Prevailing Wage and Supplemental Benefits Counseling

Construction projects involving public agencies identified under New York State Labor Law Section 220 are subject to state prevailing wage laws and may also be subject to the federal Davis-Bacon Act and related acts. Additionally, construction projects involving private entities may be subject to the Davis-Bacon Act if they are receiving federal assistance. As part of our wage and hour practice, we counsel employers on prevailing wage and supplemental benefits requirements. We help employers determine if their projects are subject to federal or state prevailing wage law, determine appropriate applicable wage orders/ schedules, verify compliance with recordkeeping requirements, and apply for wage conformances when necessary. We also counsel employers with respect to the Service Contract Act and Article 9 of New York State Labor Law. Our multi-disciplinary approach and depth of practice can benefit public agency projects by delivering construction counsel, bond counsel, and prevailing wage and supplemental benefits counsel in an integrated, informed and efficient manner.

Wage and Hour Compliance in the Unionized Workforce

The interplay between wage and hour laws and collective bargaining is often overlooked. Our attorneys’ knowledge of, and experience with, federal and state wage and hour laws, rules, regulations and practices allows us to assist our clients at the bargaining table and in disputes involving pay practices under Collective Bargaining Agreements and/or before agencies such as the National Labor Relations Board and the Public Employment Relations Board.

Leader(s)

Daniel Moore

Daniel J. Moore

Member

Team

Scott Piper

Scott D. Piper

Member
Sara Visingard

Sara E. Visingard

Member
All Insights, All Blogs, Immigration Blog |
 October 15, 2019
Exploring H-1B Dependency for Employers
With the increasing reliance of U.S. employers on high-skilled foreign workers, particularly those on H-1B visas, it is important that emplo...read more
All Insights, All Publications, Legal Alert |
 September 25, 2019
U.S. Department of Labor Releases Long-Awaited Rule Increasing Salary Threshold for Federal Overtime Exemptions
On September 24, 2019, the United States Department of Labor (“DOL”) released the long-awaited revised rule regarding overtime exemptions un...read more
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Wage and Hour

Service

Wage and hour compliance has become a critical issue for employers. Recent class action settlements and decisions have demonstrated employer vulnerability in this area. Multi plaintiff wage and hour lawsuits pose a significant employment litigation threat to businesses operating in the US today and can result in extremely large payouts of back wages, penalties, interest and attorneys’ fees.

The Harris Beach Labor and Employment Practice Group has the depth and breadth of experience to provide counsel on complex and evolving federal and state wage and hour compliance issues. We regularly advise clients on matters relating to the federal Fair Labor Standards Act (FLSA), New York State Labor Law, and corresponding regulations and wage orders. We are frequently called upon to draft pay policies, discuss practices, train managers on compliance issues, perform compliance and classification audits, provide advice and recommendations during ongoing government agency-initiated investigations, and defend related individual and class action litigation wage and hour suits.

■ All Services

Compliance Counseling and Training

Harris Beach attorneys counsel employers on wage and hour compliance issues, such as compliance with federal and state minimum wage and overtime laws and regulations, hours worked, proper and improper deductions from pay, and required meal periods. We provide preventive legal advice and customized training upon request for all levels of management, including training for supervisors who must be aware of legal requirements in their day-to-day activities.

Exempt/Non-Exempt Status Determinations (Wage and Hour Classification)

Today’s increased regulatory scrutiny on employee misclassification can have costly implications for employers who may become subject to liability through federal and state Department of Labor-initiated investigations and/or lawsuits, and individual and class action lawsuits alleging misclassification. We routinely assist clients in determining whether positions are properly classified as exempt from federal and/or state minimum wage and/ or overtime requirements, by performing job description reviews and speaking with direct line supervisors. We also perform larger-scale audits to identify and help our clients proactively correct potentially misclassified positions. This can provide a good-faith defense should claims later arise.

Federal and State Investigations and Proceedings Counsel

Harris Beach guides employers through U.S. Department of Labor and New York State Labor Law audits, investigations and enforcement proceedings. This includes FLSA matters involving minimum wage, overtime, equal pay and recordkeeping, as well as Davis-Bacon Act and Service Contract Act matters.

Litigation Defense, including E-discovery (e-info℠)

Our litigators have a strong track record of successfully defending employers in wage and hour related class and collective actions, and individual lawsuits in federal and state courts. Our representative litigation defense experience includes achieving a favorable settlement for a Fortune 500 retail industry client in a national 120,000-member class action lawsuit, as well as achieving positive outcomes, including summary judgments, in wage and hour class action claims for clients as diverse as automotive dealers, customer contact centers, hospitals, schools, restaurants, collection agencies and security providers.

We defend employers with nationwide and multi-state operations in claims alleging overtime pay violations, missed/ unpaid meal and break periods, misclassification of workers, failure to include all payments in calculating the minimum wage, off-the-clock work, failure to calculate the “regular rate” for overtime purposes, prevailing wage violations and other wage and hour issues. In this environment, electronic discovery (e-discovery) has become a significant cost component of government investigations and litigation such as class and collective action wage and hour disputes. It is also an area fraught with risk since sanctions and claims of spoliation are now common in large litigation cases. As a law firm with state-of-the-art technology, Harris Beach is well positioned to meet the defensibility and cost challenges associated with e-discovery. Our e-discovery practice, branded e-info℠, leverages predictive-coding to make the use of e-discovery reasonable for any litigation, regardless of size or industry. Harris Beach has routinely been named as a “Go To” law firm for litigation e-discovery in the In House Law Departments at the Top 500 Companies as published by Corporate Counsel.

Media Relations and Communications

A controversial or crisis situation such as a class action lawsuit or government investigation related to an employer’s wage and hour practices can expose an organization and its stakeholders to significant public and media attention with potentially damaging consequences to its image, brand and internal morale. Harris Beach serves employers as a resource for effective communications strategies when highly controversial situations or challenging communications issues arise. We have public relations professionals on staff who have handled a variety of high-profile incidents that have drawn national and international media attention. We conduct media outreach on behalf of clients upon request and arrange interviews; organize press conferences; assess situations to determine the best approach for handling media inquiries; draft media statements, press releases, and internal communications; prepare spokespeople with key message points to all constituencies; and conduct media training. Our communications professionals and attorneys also help employers develop and roll-out related internal communications that reflect the legal strategy and compliance considerations.

Policy and Procedure Development

Harris Beach attorneys assist employers with the development and review of employee handbooks and manuals. We regularly review and update our clients’ personnel policies and procedures upon request to verify compliance with emerging wage and hour related laws and regulations.

Prevailing Wage and Supplemental Benefits Counseling

Construction projects involving public agencies identified under New York State Labor Law Section 220 are subject to state prevailing wage laws and may also be subject to the federal Davis-Bacon Act and related acts. Additionally, construction projects involving private entities may be subject to the Davis-Bacon Act if they are receiving federal assistance. As part of our wage and hour practice, we counsel employers on prevailing wage and supplemental benefits requirements. We help employers determine if their projects are subject to federal or state prevailing wage law, determine appropriate applicable wage orders/ schedules, verify compliance with recordkeeping requirements, and apply for wage conformances when necessary. We also counsel employers with respect to the Service Contract Act and Article 9 of New York State Labor Law. Our multi-disciplinary approach and depth of practice can benefit public agency projects by delivering construction counsel, bond counsel, and prevailing wage and supplemental benefits counsel in an integrated, informed and efficient manner.

Wage and Hour Compliance in the Unionized Workforce

The interplay between wage and hour laws and collective bargaining is often overlooked. Our attorneys’ knowledge of, and experience with, federal and state wage and hour laws, rules, regulations and practices allows us to assist our clients at the bargaining table and in disputes involving pay practices under Collective Bargaining Agreements and/or before agencies such as the National Labor Relations Board and the Public Employment Relations Board.

■ People

Scott D. Piper

Member
(585) 419-8621
spiper@harrisbeach.com

Sara E. Visingard

Member
(585) 419-8748
svisingard@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of June 10, 2023 9:52 am
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