Wage Hour Audit, Assessment & Advice
Experience shows that the best defense against wage and hour liability is to assess and, where necessary, correct existing wage and hour policies and practices to ensure compliance with applicable wage and hour laws.
HOW WE HELP
Home to many of the country’s preeminent wage and hour attorneys, Seyfarth regularly guides many of the largest and best known companies with US operations, as well as more modest-sized and emerging employers, through the morass of legal requirements for wages, hours of work, and pay practices. We spend the majority of our time litigating and counseling in this highly specialized and regulated area. We have the knowledge and experience necessary to collaborate with our clients to develop assessments specifically tailored to their needs, and the practical bent to develop solutions compatible with our clients’ business goals. Our attorneys are adept at analyzing questions under federal and state laws on topics such as exempt and independent contractor classification, overtime requirements and calculation, tipped employee issues, and compensability of pre-shift and post-shift activities, meal and rest breaks, and training time, to name just a few.
OUR SERVICES
Classification Reviews. A review of policies and practices to determine whether employees are properly classified as exempt from federal and state minimum wage and overtime requirements or whether workers are properly treated as independent contractors.
Pay Practices Reviews. A review of policies and practices for compliance with federal and state laws governing regular rate and overtime pay, minimum wage, uncompensated work periods, pooling and distribution of gratuities, meal breaks, the timeliness of wage payments, vacation pay, and Sunday and holiday premium pay.
Wall-to-Wall Reviews. A comprehensive review of exposure that includes classification and pay practices reviews, designed to achieve economies in human capital and expenditures.
Due Diligence. In the context of mergers and acquisitions, an analysis of risk and exposure under applicable wage and hour laws to strategically develop post-merger and post-acquisition risk avoidance and mitigation plans.
- Conducted a large scale, 36-site wage and hour audit on behalf of a staffing company, covering the entire state of California as part of a strategic effort to reduce and defend against California wage-hour litigation in the future.
- Conducted due diligence for another national staffing company in connection with its acquisition of an outplacement firm, including evaluating potential exposure in areas such as wage and hour compliance, independent contractor classification, and many related issues.
- Conducted numerous due diligence assessments for private equity firms considering acquisitions of businesses to determine potential risks and exposures under local, state, and federal wage and hour laws.
- Assessed exempt classification status of more than 1,000 jobs for a national retailer.
- Advised a financial services institution on structure and strategy for determining and maintaining exempt classification of roles across hundreds of locations nationwide.
- Assessed applicability of state and federal Motor Carrier Act exemptions to drivers, drivers’ helpers, and related employees of multifaceted logistics and transportations businesses.
- Collaborated with a national leisure dining business to assess and develop policies and practices ensuring compliance with local, state, and federal timekeeping and pay-related laws.
- Leveraged results of an issue-specific pay practice assessment to provide a national employer’s executive leadership with strategic advice to mitigate risks arising in related litigation while moderating effects on operational budget and objectives.
- Integrated artificial intelligence and legal process management to triage and manage risks related to integration of wage and hour policies and practices subsequent to business growth by acquisition of or merger with operationally disparate corporate entities.
Related Trends
Related News & Insights
-
Blog Post
11/13/2024
PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.
-
Blog Post
11/11/2024
Taking a Slice Out of Parker: District Court Rejects Sixth Circuit’s Reimbursement Standard for Pizza Delivery Drivers
-
Podcast
11/07/2024
Health Care Beat Episode 47 – The Intersection of Joint Employment and Health Care: Insights for Stakeholders in California
-
Blog Post
11/04/2024
Tips from Seyfarth: Opinion Update – Fifth Circuit Clarifies Scope of its Decision Vacating 80/20 Rule
Recognition
-
Recognition
02/08/2022
Clients Name Seyfarth Lawyers to 2022 BTI Client Service All-Star Team
-
Recognition
12/10/2020
Clients Name Seyfarth Lawyers to 2020 BTI Client Service All-Star Team
-
Recognition
11/30/2020
Law360 Names Seyfarth “Practice Group of the Year” in Employment Law for 2020
-
Recognition
07/15/2020
Seyfarth’s Andrew Paley and Angelo Paparelli Named to Daily Journal’s 2020 List of “Top Labor & Employment Attorneys”
Experience shows that the best defense against wage and hour liability is to assess and, where necessary, correct existing wage and hour policies and practices to ensure compliance with applicable wage and hour laws.
HOW WE HELP
Home to many of the country’s preeminent wage and hour attorneys, Seyfarth regularly guides many of the largest and best known companies with US operations, as well as more modest-sized and emerging employers, through the morass of legal requirements for wages, hours of work, and pay practices. We spend the majority of our time litigating and counseling in this highly specialized and regulated area. We have the knowledge and experience necessary to collaborate with our clients to develop assessments specifically tailored to their needs, and the practical bent to develop solutions compatible with our clients’ business goals. Our attorneys are adept at analyzing questions under federal and state laws on topics such as exempt and independent contractor classification, overtime requirements and calculation, tipped employee issues, and compensability of pre-shift and post-shift activities, meal and rest breaks, and training time, to name just a few.
OUR SERVICES
Classification Reviews. A review of policies and practices to determine whether employees are properly classified as exempt from federal and state minimum wage and overtime requirements or whether workers are properly treated as independent contractors.
Pay Practices Reviews. A review of policies and practices for compliance with federal and state laws governing regular rate and overtime pay, minimum wage, uncompensated work periods, pooling and distribution of gratuities, meal breaks, the timeliness of wage payments, vacation pay, and Sunday and holiday premium pay.
Wall-to-Wall Reviews. A comprehensive review of exposure that includes classification and pay practices reviews, designed to achieve economies in human capital and expenditures.
Due Diligence. In the context of mergers and acquisitions, an analysis of risk and exposure under applicable wage and hour laws to strategically develop post-merger and post-acquisition risk avoidance and mitigation plans.
Key Contacts
Related Key Industries
Blogs
- Conducted a large scale, 36-site wage and hour audit on behalf of a staffing company, covering the entire state of California as part of a strategic effort to reduce and defend against California wage-hour litigation in the future.
- Conducted due diligence for another national staffing company in connection with its acquisition of an outplacement firm, including evaluating potential exposure in areas such as wage and hour compliance, independent contractor classification, and many related issues.
- Conducted numerous due diligence assessments for private equity firms considering acquisitions of businesses to determine potential risks and exposures under local, state, and federal wage and hour laws.
- Assessed exempt classification status of more than 1,000 jobs for a national retailer.
- Advised a financial services institution on structure and strategy for determining and maintaining exempt classification of roles across hundreds of locations nationwide.
- Assessed applicability of state and federal Motor Carrier Act exemptions to drivers, drivers’ helpers, and related employees of multifaceted logistics and transportations businesses.
- Collaborated with a national leisure dining business to assess and develop policies and practices ensuring compliance with local, state, and federal timekeeping and pay-related laws.
- Leveraged results of an issue-specific pay practice assessment to provide a national employer’s executive leadership with strategic advice to mitigate risks arising in related litigation while moderating effects on operational budget and objectives.
- Integrated artificial intelligence and legal process management to triage and manage risks related to integration of wage and hour policies and practices subsequent to business growth by acquisition of or merger with operationally disparate corporate entities.
Related Trends
Related News & Insights
-
Blog Post
11/13/2024
PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.
-
Blog Post
11/11/2024
Taking a Slice Out of Parker: District Court Rejects Sixth Circuit’s Reimbursement Standard for Pizza Delivery Drivers
-
Podcast
11/07/2024
Health Care Beat Episode 47 – The Intersection of Joint Employment and Health Care: Insights for Stakeholders in California
-
Blog Post
11/04/2024
Tips from Seyfarth: Opinion Update – Fifth Circuit Clarifies Scope of its Decision Vacating 80/20 Rule
Recognition
-
Recognition
02/08/2022
Clients Name Seyfarth Lawyers to 2022 BTI Client Service All-Star Team
-
Recognition
12/10/2020
Clients Name Seyfarth Lawyers to 2020 BTI Client Service All-Star Team
-
Recognition
11/30/2020
Law360 Names Seyfarth “Practice Group of the Year” in Employment Law for 2020
-
Recognition
07/15/2020
Seyfarth’s Andrew Paley and Angelo Paparelli Named to Daily Journal’s 2020 List of “Top Labor & Employment Attorneys”