Wage & Hour
SMM Law provides a full range of services related to wage and hour laws, from providing counseling and legal advice on day-to-day issues, to handling class action lawsuits.
Wage and hour laws are incredibly complex and increasingly challenging for businesses. With the U.S. Department of Labor (DOL) actively enforcing the Fair Labor Standards Act (FLSA), employers must understand and comply with these laws. In fact, failure to comply can have serious consequences, including being responsible for paying back pay, liquidated damages, and attorney’s fees. Widespread violations might even lead to class and collective action lawsuits.
SMM Law regularly advises employers on how best to minimize exposure and prevent violations before they occur. We do this through strategic advice and the development of custom-tailored policies and practices. SMM Law also conducts wage and hour audits where we point out areas of non-compliance and offer practical solutions for how to fix problems.
In the event an employee or former employee files a lawsuit against your business, we are experienced in defending wage and hour lawsuits in court and administrative agencies, including class and collective actions. We have successfully litigated complex cases for numerous employers across a broad spectrum of industries.
OUR EXPERIENCE & SERVICES AT A GLANCE
SMM Law routinely deals with the following wage and hour issues:
- Compensable time;
- Employee misclassifications;
- Fluctuating workweek;
- Interns and volunteers;
- Joint employment;
- Meal breaks and rest periods;
- Minimum wage violations;
- Miscalculated commissions and bonuses;
- “Off-the-clock” work;
- Overtime claims/violations by non-exempt employees;
- Pay equity/Equal Pay Act;
- Pay practices and policies;
- Payroll deductions;
- Proper overtime rate;
- Time clock rounding;
- Wage deductions; and
- Worker classification (e.g., exempt vs. non-exempt; employee vs. independent contractor).
SMM Law also offers the following services to employers:
- Provide legal counseling and advice on all wage and hours issues;
- Analyze and determine whether employees are exempt from minimum wage and overtime requirements;
- Assist in developing compliant compensation plans;
- Draft and update policies relating to wage and hour practices;
- Analyze and determine whether employees are properly compensated for all hours worked;
- Conduct privileged (confidential) audits to identify problems and immediately propose necessary changes to minimize or eliminate liability;
- Assist employers in properly calculating employee overtime;
- Train managers, supervisors, and HR professionals on wage and hour laws and issues; and
- Analyze and determine whether employer’s workers are independent contractors or employees.