Wage & Hour / Collective Class Action

We defend employers against claims brought under the Fair Labor Standards Act (FLSA) and state wage and hour and wage payment laws. McGuireWoods lawyers have deep experience in nationwide and statewide collective, class and California Labor Code Private Attorneys General Act (PAGA) actions.

We treat each case as unique and develop defense and settlement strategies tailored to the particular facts and circumstances of the case and the client’s goals and needs at the time. With experience crossing industries and jurisdictions, we defend clients in litigation filed in U.S. “hot spots” for wage and hour class actions, including California, Illinois and other states with stringent wage and hour laws and aggressive enforcement mechanisms. Our broad litigation experience cements McGuireWoods’ reputation for defeating class and collective certifications, resolving claims through mediation and, where necessary, defending clients at trial.

How We Help

McGuireWoods represents clients in the full spectrum of wage & hour / collective class action matters, including:

• overtime exemption / misclassification;
• independent contractor misclassification;
• off-the-clock claims;
• preliminary and postliminary duty claims;
• regular rate, overtime, bonus and commission computation;
• meal and rest break violations;
• wage notice;
• pay statement violations;
• final pay violations;
• expense reimbursement;
• vacation pay issues;
• wage deduction violations; and
• minimum wage compliance.

Representative Experience

• Retail client in over 8,000 mass arbitration claims that alleged retail managers were misclassified and not paid for all time worked;
• Transportation company in defeating FLSA conditional certification in an action alleging the company improperly classified owner-operators as independent contractors;
• Retail client in defeating certification in a hybrid class and collective action alleging workers in distribution centers were not paid for time donning and doffing equipment;
• Firm client in defeating certification in a class and PAGA action alleging employees were not paid for time at the beginning and ending of each workday;
• Financial services client in defeating certification in a class and PAGA action alleging off-the-clock working including meal and rest break violations and waiting time penalties;
• Financial services client in successful defense of FLSA collective action alleging leave policies violated the salary basis of pay requirement;
• Numerous firm clients in successful enforcement of contractual arbitration provisions to stop class actions from proceeding in court and force inexpensive individual settlements; and
• Various firm clients in successful resolution of numerous Rule 23 class, FLSA collective and PAGA representative actions alleging misclassification, off-the-clock claims, meal and rest break violations, and regular rate claims