Defense of Wage & Hour Claims
In recent years, a flood of wage and hour lawsuits have been filed against employers in California and throughout the country. For the defendant employer in an individual or class action wage and hour class lawsuit, the financial ramifications are very significant. A successful individual wage and hour lawsuit, in and of itself, can be extremely costly to an employer. But, if an individual plaintiff prevails in a lawsuit against you, that victory can often result in a class action lawsuit being filed against you on behalf of hundreds or even thousands of your employees. It is imperative to defend a wage and hour class action lawsuit aggressively and effectively.
Successful defense of a wage and hour lawsuit, whether it be an individual or class action, starts with a careful analysis of the everyday tasks performed by the employee or employees. At the Williamson Law Firm, we have the knowledge and skills needed to understand the tasks and skills that comprise a typical workday for the employee. We will then develop an appropriate defense strategy and vigorously defend your company at all stages of the litigation process.
The Williamson Law Firm can represent your company in all types of wage and hour claim matters alleging:
- Failure to pay minimum wages or overtime pay;
- Failure to provide meal or break time;
- Misclassification of employees as exempt from wage and hour rules;
- Misclassification of independent contractors; and
- Other alleged violations of wage and hour laws.
What is a Wage & Hour Claim?
When an employer doesn’t pay workers according to the law, that employee may have a wage claim. An employee or former employee may file an individual wage claim to recover unpaid wages, including overtime, commissions and bonuses as well as for an employer’s failure to provide meal and rest breaks, among other things.
Defense of Wage & Hour Claims Lawsuits in State and Federal Court
California employers are subject to one of the most regulated workplaces in the United States. Not only must they comply with the Fair Labor Standards Act (FLSA) which regulates wage and hour requirements on the federal level, but they must also comply with the usually much stricter overlay of state law and regulation. Employee lawsuits for unpaid wages are routinely filed against California employers in both State and Federal Courts. California wage and hour laws are the subject of a combination of statutory and regulatory schemes. The basic law governing such matters as paydays, workdays and workweeks is found in the California Labor Code. However, the “nuts and bolts” of state wage and hour requirements are found in a series of Wage Orders promulgated pursuant to the California Labor Code and by the Industrial Welfare Commission (IWC). There are currently seventeen Wage Orders in effect establishing minimum wages and working conditions for employees in thirteen industries, three occupations and “miscellaneous employees” not covered by the other sixteen Wage Orders.
At the Williamson Law Firm, we have extensive experience in wage and hour lawsuits, employment litigation, and other types of business disputes. We have more than 38 years of trial experience and a proven track record of obtaining successful results for our clients, particularly in complex litigation. At the Williamson Law Firm, we possess the necessary skills and experience to handle the most challenging wage and hour lawsuits.