Wage and Hour

Increasing regulations at the local, state and federal levels, coupled with the growing number of individual, multiple plaintiff and class action lawsuits, makes wage and hour issues a top priority for employers. Compliance with applicable laws and regulations is critical and proactive measures are key to avoiding claims.

Holland & Knight’s Labor, Employment and Benefits Group includes a team of attorneys who have in-depth experience representing employers in the full range of wage and hour issues. We have extensive knowledge of the employment practices of every major industry and can provide you with effective counsel that is tailored to your specific operations.

Avoiding Claims Through Effective Compliance

Members of our Wage and Hour Team provide proactive counsel regarding state and federal laws that impact minimum wage, overtime (including exemptions to overtime pay) and mandated leave laws (including the Family and Medical Leave Act). We can assist you in understanding the laws and regulations governing this area and in developing, implementing and auditing comprehensive compliance programs to ensure that your operations fully conform with them.

We can also assist you with:

• drafting, reviewing and revising wage and compensation policies
• structuring commissions, bonuses and incentive payments
• proper classification of exempt, nonexempt and independent contract workers
• reviewing overtime pay calculations
• auditing pay practices, including tip credits
• training your managers and staff on compliance with the Fair Labor Standards Act, the Family and Medical Leave Act and similar state laws

Protecting Your Interests through Dispute Resolution

We regularly represent employers in disputes at the federal and state levels, including defense of both individual and class and collective action litigation brought by current and former employees. Our experienced litigators will defend your organization in administrative and judicial proceedings related to entitlement to overtime or other premium pay, calculation of overtime pay, independent contractor status, recordkeeping obligations, and payment of vacation, personal or sick pay. Our wage and hour class and collection action capabilities are augmented by our employment class action team.

Your Resource for Cutting Edge Counsel

Several members of our Labor, Employment and Benefits Team have been recognized among the top business lawyers in the country by leading legal publications such as Chambers USA, Best Lawyers in America and Super Lawyers.

As an added value to our clients, we regularly organize and participate in seminars and conferences related to employment law and frequently publish articles on topics of interest and importance to employers. Our electronic “Labor, Employment and Benefits Alerts” contain the latest developments in the field, along with practical advice for employers.