Wage and Hour Compliance

Because wage and hour disputes are one of the fastest-growing areas of employment litigation, it is critical for employers to comply with state and federal wage and hour laws. The lawyers at Mays & Kerr provide advice on matters related to wage and hour compliance. We also defend litigation brought under the Fair Labor Standards Act (FLSA). Because this area of law is complex, employers should enlist the assistance of a knowledgeable attorney to ensure compliance and to avoid future claims and litigation.

The Fair Labor Standards Act

Wage and hour laws generally fall under the Fair Labor Standards Act, a law that provides standards for employers with regard to overtime pay and minimum wage requirements. The FLSA also provides a method of raising a dispute in the event that an employer is unable to address an employee's complaint. Common disputes under the FLSA include:

  • Individual and Collective Actions
  • Unpaid Overtime
  • Minimum Wage
  • Misclassifications
  • Unpaid Hour Claims
Individual and Collective Actions

The FLSA allows employees to pursue individual or collective actions against their employers for wage and hour claims. These lawsuits can result in significant penalties for employers. For a lawsuit to be classified as a collective action, the affected employees must be "similarly situated" and opt in to the legal action.

Unpaid Overtime

The FLSA requires that non-exempt employees who work more than 40 hours in a workweek receive overtime pay equal to 1.5 times their normal wage.

Minimum WageThe FLSA created a minimum wage requirement to prevent employers from taking advantage of workers in an employment situation. While the federal minimum wage rate is $7.25 per hour, many states have their own minimum wage requirements.Misclassifications

An employee's classification as exempt or non-exempt depends on his job function rather than title. Classification is important because it determines whether an employee is eligible to receive overtime pay. Because these laws are complex and often overwhelming, an attorney at the law firm of Mays & Kerr can help you determine which of your employees, if any, should be exempt from overtime.

Protecting Your Business from Liability

In matters related to wage and hour claims, record keeping is crucial. We can help you implement policies and procedures that will help you keep track of your employees' work time and ensure that you are in compliance with applicable laws.

If you have concerns related to wage and hour laws, our knowledgeable lawyers can help. We assist clients in redesigning job functions to keep employees in exempt status. We also conduct informal audits of business policies and identify areas that may subject a client to future conflicts.

Wage and Hour Questions? Ask Our Experienced Lawyers

If you have questions or concerns about wage and hour compliance under the FLSA, contact the attorneys at Mays & Kerr to discuss your case. We are available 24 hours a day to help you resolve your disputes and discuss issues. Our collaborative approach to practicing law allows us to address every potential concern and create an effective strategy that will help achieve a successful outcome.