dcsimg Wage and Hour

Wage and Hour

Compliance issues under the Fair Labor Standards Act (FLSA) and state wage and hour laws are important for employers of all sizes. At McGuireWoods, we counsel clients on how to adopt proper policies and procedures to ensure compliance, advise on ways to minimize the cost of compliance, provide training for managers and supervisors, and assist employers in responding to government investigations. We also represent employers in single party, class and collective actions throughout the country. Examples of related services include:

  • Compensation Self-Audits
  • DOL Audit Defense
  • Donning and Doffing
  • Exempt and Non-Exempt Identification
  • Incentive Compensation Impact
  • Hours Worked Recording
  • Meal and Rest Periods
  • Off the Clock Work
  • Overtime Management and Calculation
  • Prevailing Wage Determination
  • Timecards and Recordkeeping
  • Vacation and Leave Policies

 

CONTACTS

Matthew C. Kane Partner T: +1 310 315 8295
Bruce M. Steen Partner T: +1 704 353 6244
Michael J. DiMattia Partner T: +1 212 548 7009
Results 1-20 of 21
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Multiple plantiffs in class action

Obtained dismissal of a putative class action involving 34 plaintiffs on the grounds that the state law claims under the Illinois Wage Payment Act for failure to pay overtime were preempted by §301 of the LMRA and barred by failure to exhaust administrative remedies under a collective bargaining agreement. We later prevailed in the arbitration of subsequently-filed grievances on the grounds that they were untimely filed.
Representative Matter

Multiple plantiffs in class action

Obtained summary judgment in favor of our clients in two class actions filed on behalf of migrant workers in Florida. The Court rejected claims by a putative class of thousands of migrant workers that our clients, the owners of the timber, were joint employers with the farm labor contractors who hired the migrant workers.
Representative Matter

Department store chain

Effectively defended a department store chain in a class action brought by in-store makeup artists concerning payment for travel time and other issues. We asserted that the makeup artists were exempt under the administrative and creative professional exemptions, and obtained a favorable class-wide disposition.
Representative Matter

Various employers

Obtained a favorable ruling in an ongoing matter that the FLSA preempts the application of RICO and certain state laws that might otherwise provide additional remedies for alleged FLSA violations.
Representative Matter

National financial services instiution

In addition, as one of many examples of our partnering with clients in strategic defense management, McGuireWoods represents a national financial services institution in the defense of all class action and collective action FLSA and other wage and hour claims asserted against the organization nationwide.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in the defense of a motion for class certification of California and Washington off-the-clock claims for overtime, minimum wages and derivative statutory violations, and currently serving as lead defense counsel in this MDL proceeding that includes over 20 transferred class and collective actions.
Representative Matter

Workforce solutions and services provider company

Representation of a workforce solutions and services provider company in the defense of class action brought by temporary services employee alleging violations of California wage and hour laws. The court granted our client summary judgment on plaintiff’s claim for waiting time penalties under Cal. Lab. Code § 201.3 for late payment of weekly wages on the basis that there is no private right of action for such a claim. The court also held, as we argued, the date of mailing such wages constitutes the date of payment, and not the date of receipt by the employee by mail, as long as the mailing occurs on or before the regular weekly payday.
Representative Matter

Restaurant

Successfully represented prominent restaurant with multiple locations in New York City in a FLSA/New York state wage and hour matter.
Representative Matter

A Fortune 100 financial services company

Representation of Fortune 100 financial services company in age and gender discrimination claims in a case where a 70-year-old female plaintiff was replaced by a person in her thirties and all decision-makers were male. Obtained summary judgment.
Representative Matter

Healthcare services provider

Representation of a healthcare services provider in a putative class action on behalf of MRI technologists alleging claims for off-the-clock work, meal and rest break violations and incorrect payment of overtime compensation. After gutting plaintiff’s case through a summary judgment motion granted on the bulk of his claims, we negotiated a favorable pennies on the dollar settlement to resolve the remaining claims and bring closure to the legacy wage and hour compliance issues raised by the claims asserted.
Representative Matter

A Fortune 100 financial services company

Representation of a Fortune 100 financial services company in a defamation claim. The plaintiff claimed defamation by a co-worker who had allegedly shared the grounds for her termination with a bank customer. The court found that the bank had conducted a thorough investigation into the circumstances that led to the plaintiff's termination and as part of that investigation had obtained a written statement from the plaintiff in which she incriminated herself.
Representative Matter

A Fortune 100 financial services company

Representation of a Fortune 100 financial services company in an FMLA claim. The plaintiff was terminated following an absence from work for a health problem that did not appear to be serious, but her condition allegedly deteriorated in a few days and she ultimately needed surgery several months later. The plaintiff claimed she could not work as her condition allegedly got worse before her termination. However, her doctor would excuse her from work for only one day. The court ruled that the termination did not violate the FMLA.
Case Study

McGuireWoods' summary judgment victory for financial services client in wage and hour/ERISA class action

McGuireWoods' Labor and Employment Department in Los Angeles recently defended one of its financial services industry clients in a wage and hour/ERISA class action regarding several of its employee incentive compensation plans. The ruling by the U.S. District Court for the Southern District of California granted summary judgment in favor of our client on all claims brought by three former financial advisors.

Representative Matter

Fortune 100 financial institution

Representation of national bank in proceedings seeking production of statewide putative class members’ contact information in hybrid putative FLSA collective action and Rule 23 California Labor Code class action alleging off-the-clock overtime and related claims, obtaining order limiting production to only the two locations where the named plaintiff had actually worked and then only after utilization of a court-approved Belaire West notice to those putative class members.
Representative Matter

National foodservice distribution company

Representation of national foodservice distribution company in proceedings denying motion for class certification in putative wage and hour class action alleging claims by truck drivers for unpaid wages, meal and rest break violations, and related claims under California Labor Code.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel and co-counsel of record in proceedings affirming trial court order sustaining demurrers to class action claims challenging legality of profit-based bonus plans, and granting $275,000 prevailing party attorneys’ fees award against plaintiff who brought such claims.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel in proceedings affirming order granting motion for judgment on the pleadings based on NLRA preemption in wage and hour class action alleging claims for retaliation based on plaintiffs’ participation in two prior wage and hour class actions.
Representative Matter

Fortune 100 financial institution

Representation of national bank in proceedings granting motion to compel individual arbitration of named plaintiff’s misclassification and off-the-clock claims in putative class action brought on behalf of mortgage loan officers based on arbitration agreement entered into by named plaintiff with predecessor employer that was silent as to whether class arbitration is permitted.
Representative Matter

Fortune 100 financial institution

Representation of national bank in proceedings before the Judicial Panel on Multidistrict Litigation granting motion to transfer 12 off-the-clock overtime putative class and collective actions for coordinated or consolidated pretrial proceedings, and currently serving as co-lead defense counsel in resulting MDL proceeding in the District of Kansas that now includes over 20 transferred class and collective actions asserting nationwide and state-specific claims.
Representative Matter

National foodservice distribution company

Representation of national foodservice distribution company in proceedings denying plaintiffs’ motion for partial summary judgment seeking ruling that preemption defense based on Federal Aviation Administration Authorization Act (FAAAA) had no merit in putative representative action brought by 40 truck drivers under California’s Labor Code Private Attorney General Act (PAGA) premised on alleged violations of California’s meal and rest break laws, and obtained favorable ruling that FAAAA’s motor vehicle safety exception to preemption does not apply to those break laws. Court previously had granted motion to dismiss for lack of personal jurisdiction in California brought by employer’s Texas-based parent company named as a co-defendant.
Results 1-20 of 21
Results 1-25 of 33
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Sabrina A Beldner Sabrina A. Beldner
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3419
F: +1 310 956 3119
vCard
Sarah A Belger Sarah A. Belger
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5350
F: +1 703 712 5299
vCard
Austin F Breen Austin F. Breen
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8963
F: +1 704 353 6198
vCard
Michael J DiMattia Michael J. DiMattia
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7009
F: +1 212 715 2312
vCard
Susan Pyle Dion Susan Pyle Dion
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8951
F: +1 704 353 6162
vCard
Kevin Duddlestein Kevin M. Duddlesten
Partner
816 Congress Avenue
Suite 940
Austin, TX 78701-2442

T: +1 512 617 4516
F: +1 512 617 4586
vCard
Mathew D. Dudek
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8113
F: +1 312 698 4517
vCard
Edward M Eakin III Edward M. Eakin III
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1153
F: +1 804 440 7730
vCard
Ronda Brown Esaw Ronda Brown Esaw
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5392
F: +1 703 712 5251
vCard
Philip A Goldstein Philip A. Goldstein
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2167
F: +1 212 548 2150
vCard
James J Hendrickson II James J. Hendrickson II
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 3546
F: +1 312 698 4559
vCard
Halima Horton Halima Horton
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5715
F: +1 404 443 5765
vCard
Matthew C Kane Matthew C. Kane
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8295
F: +1 310 956 3195
vCard
David D Leishman David D. Leishman
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8680
F: +1 312 698 4531
vCard
Michael D Mandel Michael D. Mandel
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8202
F: +1 310 956 3113
vCard
Jasmine C. Marchant
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2215
F: +1 703 444 8782
vCard
Elena D Marcuss Elena D. Marcuss
Partner
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4454
F: +1 410 659 4547
vCard
John G McDonald John G. McDonald
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 704 343 2276
F: +1 704 444 8753
vCard

T:+1 212 548 2176
F: +1 704 444 8753

James P McElligott Jr. James P. McElligott Jr.
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4329
F: +1 804 698 2111
vCard
Lynette McNeil Lynette W McNeil
Counsel
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5723
F: +1 404 443 5759
vCard
Christopher M Michalik Christopher M. Michalik
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4343
F: +1 804 715 6287
vCard
Regina Musolino Regina A. Musolino
Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3416
F: +1 310 956 3149
vCard
Paul M Navarro Paul M. Navarro
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2183
F: +1 704 444 8760
vCard
Bethany A Pelliconi Bethany A. Pelliconi
Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8205
F: +1 310 315 8210
vCard
Michael R Phillips Michael R. Phillips
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8902
F: +1 312 920 6181
vCard
Results 1-1 of 1
Event

California Employment Law Developments

December 5, 2012
Complimentary Webinar
Results 1-1 of 1