Wage and Hour Litigation
The most significant legal threat facing American businesses today is wage and hour collective and class action lawsuits. The volume of federal court filings of wage and hour lawsuits have increased to more than four times the amount seen in 2000—from under 2,000 annually to nearly 8,500 in 2017.
These cases are mostly brought as collective class action lawsuits, typically commanding settlements and often resulting in verdicts costing companies millions, and sometimes tens of millions, of dollars. These account for only the federal filings and don’t include state court filings of similar claims under state and local laws regarding wage and hour claims.
Our team of litigators represents employers in the state of New York in litigation brought under the Labor Standards Act (FLSA), as well as, state wage and hour laws. Our creative litigation strategies are based on our sensitivity to the needs and priorities of our clientele.
We also can eradicate class action claims and find resolutions to requests on an individual basis. Our clients depend on us to exercise creative strategies to enforce arbitration agreements and convert class claims to individual arbitration cases. The importance of grasping wage and hour compliance requirements is underscored by the rapidly changing case law and new federal and state legislation.
Our clients are counseled regarding compliance with both federal and state wage and hour laws, including informing them of the issues under the New Your wage and hour law, which imposes specific requirements on employers. Our team conducts compliance reviews and represents companies in connection with audits by the US Department of Labor and the state.
When it comes to defending our clients in wage and hour collective and class action cases, we go above and beyond to achieve the desired results. Our unique and in-depth understanding of the Fair Labor Standards Act under the US Department of Labor has allowed our firm to tackle some reasonably difficult cases aggressively and victoriously. The wage and hour litigation team at Travis Law understands the nature of collective and class action lawsuits and how they are best defended. Our team is dedicated to putting our collective experience to work for our clients in our efforts to protect against wage and hour claims.
We structure our defense strategy to the goals and needs of each client, the nature of the claims asserted, and the possible risk and impact of the demands on the client’s company. Our team works closely with our clients to devise a defense that meets the needs of our clients efficiently and cost-effectively. The methods we employ lend to our extremely effective at defending, defeating, or minimizing exposure from the potentially high-risk cases and developing appropriate strategies that incorporate our litigation, mitigation, and audit capabilities. If a trial becomes necessary, our team has experience wage and hour litigators that will represent our clients before a jury or judge.
The Travis Law wage and hour litigation platform consists of a deep bench of New York lawyers steeped in the intricacies and challenges of New York laws. From the New York Labor Code to the Corporations Code, our team includes legal practitioners well steeped in defense of all types of wage and hour claim.
Our team specializes in providing counsel and defense for employer regarding:
- Obligatory record keeping;
- Correctly classifying exempt and nonexempt employees;
- Compliance with salary-basis requirements Fair Labor Standards Act (FLSA), including advising employers on permissible payroll docking practices and policies;
- Determination of what constitutes “hours worked” as opposed to noncompensable preliminary and postliminary activities,
- Definition of an independent contractor versus an employee; and
- Regular and overtime rate calculation, including when commissions, bonuses, and payments other than hourly wages
Why choose us
Law firm with experience
We are seasoned attorneys and seasoned New Yorkers who put your interests before our own.
We put your interests before our own
Our trusted attorneys are recognized for sensitivity toward all clientele and their priorities
Our verdicts and settlements have recovered millions for our clients.