FLSA Attorneys For Employers

Even the most diligent employers face significant exposure under the Fair Labor Standards Act. The FLSA sets federal rules for minimum wage, overtime pay, timekeeping, payroll records, and youth employment, and it interacts with stricter state wage and hour laws. Common risk areas include independent contractor misclassification, improper overtime exemptions for executive, administrative, professional, outside sales, and computer employees, unpaid off the clock work, and errors in calculating the regular rate of pay when bonuses or differentials are involved. Employers also encounter disputes over compensable time, including remote work, travel time, training time, automatic meal break deductions, rounding practices, and tip credit and tip pooling arrangements in hospitality. These issues can trigger Department of Labor investigations by the Wage and Hour Division, liquidated damages, attorneys’ fees, and collective action litigation by groups of similarly situated employees.

At Hardin Thompson PC, our FLSA lawyers provide end to end Fair Labor Standards Act counsel for employers, from proactive wage and hour compliance to strategic defense in federal court. Our FLSA law firm conducts pay practice audits, reviews job classifications and salary basis compliance, evaluates joint employment and staffing models, and designs lawful policies and manager training that reduce litigation risk. When disputes arise, we defend single plaintiff and collective action claims, manage e-discovery and damages modeling, and pursue efficient resolutions through negotiation, mediation, or trial, always aligned with business objectives and operational realities. With offices in Pittsburgh, Philadelphia, Detroit, Denver, and New York City, our FLSA attorneys advise and represent employers across the United States.

Employers trust Hardin Thompson PC to defend wage and hour, discrimination, retaliation, and contract claims. Our FLSA lawyers are trial ready and focused on efficient, business aligned results. Call 412-944-2166 for a confidential consultation.

Understanding The FLSA — And How We Can Help

Adopted in 1938, the Fair Labor Standards Act is a one of the nation’s oldest employment laws. The FLSA establishes minimum wage, overtime pay, record keeping and youth employment standards. The FLSA can affect almost every enterprise — from an international corporation to a small family business. The FLSA requires that employers pay their employees time and half for work that exceeds 40 hours per week, unless the employer can claim an exemption.

Three of the most common FLSA lawsuits are:

• Misclassification cases: Employee claims that the employer improperly classified him/her as exempt from the FLSA, or an independent contractor.
• Off-the-clock cases: Employee claims that the employer did not pay him for all overtime hours worked.
• Tip-pool cases: “Tipped” employees claim that they are forced to share tips with non-tipped employees.

There are three classes of employees that may be exempt from the requirements of the FLSA: executive employees, administrative employees and highly compensated employees. Administratively and executively exempt employees must earn a minimum of $23,660 annual salary and must have primary duties which require the exercise of discretion and independent judgment. These types of employees are engaged in the general operation of the business, as opposed to production or manual labor. Highly compensated employees are those whose annual compensation is at least $100,000 (including at least $455 per week in salary) and who regularly perform one or more of the exempt duties of an executive, administrative or professional employee.

There has recently been an increase in the number of employees challenging their FLSA exempt status in federal courts. FLSA cases must be handled with care and diligence, as employees often join in class and collective actions, which can expose an employer to devastating damages.

Employers often feel overwhelmed by the amount of claimed damages in class or collective actions. In fact, many of the law firms representing plaintiffs in these cases have filed similar lawsuits in the past. At Hardin Thompson PC, we have extensive experience in these matters, having represented employers in state and federal courts, as well as appellate proceedings. We help our clients organize facts, manage the discovery process and present the best procedural and substantive defenses. We defend and protect the business interests of employers, helping them to navigate the complexities of ever-changing se laws and regulations.

Our firm represents clients with FLSA concerns that relate to work in the Marcellus Shale.

Contact Hardin Thompson PC

The FLSA attorneys at Hardin Thompson PC represent employers throughout the United States. To schedule an appointment, please call 412-944-2166 or complete our contact form.