Our attorneys represent and advise employers on federal and state wage and hour laws. These laws apply to almost every employer and govern matters such as overtime pay and calculations, payment of the minimum wage, the employer-employee relationship and classification of independent contractors. The U.S. Department of Labor has estimated that 80% of employers are not in compliance with all applicable wage and hour laws. As such, businesses are faced with an increased risk of a wage and hour lawsuit, and these cases will likely continue to be a source of significant exposure, regardless of the overall economic conditions.
There are two primary components of Bell Nunnally’s services in this field: compliance and defense of legal actions. We begin with compliance training and counseling in an effort to avoid statutory violations and legal claims. This involves working with clients on proactive implementation of lawful pay practices and periodic review to ensure continued compliance with this ever-changing field of law. We provide wage and hour audits and review pay policies and practices. These audits assist employers in classification of employees and independent contractors and to determine if employees are exempt from the overtime requirements of the Fair Labor Standards Act. We also review and work to design compensation plans that comply with equal pay laws, and we provide training to management and supervisors on wage and hour compliance.
Our attorneys also defend employers in lawsuits against allegations of unlawful pay practices, and we have experience representing employers in wage and hour investigations by the Department of Labor and the Texas Workforce Commission. While wage and hour claims can be brought by a single employee, the current trend is for these cases to be filed as class actions or collective actions. These lawsuits can have enormous implications for employers and the risk can often threaten the continued viability of a business.
In this era of unprecedented wage and hour litigation and government enforcement, Bell Nunnally’s employment attorneys can effectively and efficiently assist businesses with compliance matters, internal audits, compensation plans, regulatory enforcement actions and class action and collective action lawsuits.