Wage and Hour

Our team helps clients develop proactive strategies to navigate the challenges posed by the intricate maze of federal, state and local wage and hour laws. 

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Puzzle fitting pieces together

Your Strategic Partner

From complying with the Fair Labor Standards Act and the complex and conflicting puzzle of multistate wage requirements, to the growing integration of AI in timekeeping and payroll, Littler is your go-to partner for navigating compensation requirements and strategies in the modern workplace. No matter the challenge – be it an internal audit, a government investigation or a class action – we have the knowledge and the experience to guide you.

Experience and Impact

Why Choose Littler?

  • Experience

    Our team of over 400 wage and hour lawyers advises Fortune 500 companies and businesses of any size on compensation strategies.

  • Proactive Compliance

    We take a proactive, practical and intellectually rigorous approach to wage and hour compliance to help our clients avoid costly litigation. 

  • Comprehensive Support

    Whether dealing with fundamental FLSA principles or the nuances of predictive scheduling rules and other niche areas, we have the knowledge and experience to support your organization.

  • Knowledge Management

    We track new and pending laws and regulations, providing up-to-date content to keep you informed on changes in wage and hour laws.

Representative Outcomes

  • Salary Threshold Challenge

    Successfully challenged the federal Department of Labor FLSA salary threshold rule in the Eastern District of Texas, with the court vacating the 2024 and 2025 salary increases for employees nationwide.

  • Unique FLSA Exemption Victory

    After a bench trial, secured complete dismissal of an FLSA collective action brought by field technicians based on the application of the Motor Carrier Act exemption to defeat overtime pay claim.

  • Travel Time Litigation Victory

    Won summary judgment in an FLSA collective action and secured victory on appeal, arguing that federal courts lacked jurisdiction over claims arising from activities outside the state and that individuals were not “employed” while traveling.

  • Arbitration Success

    Successfully moved to compel arbitration based on agreements containing class-action waivers to blunt state court putative class action alleging violation of local tip-sharing laws.

  • Utility Company Victory

    Won summary judgment on behalf of publicly traded utility company in putative class and collective action alleging FLSA and state law violations based on a joint-employer theory of liability for payment of wages to third-party workers.

  • Exemption Audit

    Timely audit of hundreds of position titles company-wide in concert with ComplianceHR to provide exemption classification advice in conjunction with pending salary threshold changes.

  • Pay Practices Audit

    Analyzed and provided advice on client’s entire earnings code library to ensure correct regular rate of pay treatment under federal and state laws.

  • Proven Track Record

    Successfully defended clients in class and collective actions related to wage and hour issues across the country, including complex PAGA actions in California.

Key Capabilities

We provide comprehensive wage and hour advice and representation, including

  • Auditing Pay Practices

    We review positions and provide exemption classification advice, including bolstering exempt classifications and navigating potential reclassifications.

  • Risk Identification

    We perform on-site observations to identify risk areas and recommend practical and creative compliance improvements, including payroll adjustments, automation opportunities, and guidance tailored to specific jobsites and work groups.

  • Incentive Compensation Plans

    We help create incentive compensation plans designed to align your sales incentive and bonus programs with myriad state regulations and caselaw addressing payment timing, forfeiture, and earning conditions.

  • Investigation Support

    We leverage our vast experience to help respond to investigation demands from federal and state authorities.

  • Legislative Influence

    We work with Littler’s Workplace Policy Institute to shape new legislation to ensure employers have a fair say in changing trends that affect day-to-day business.

  • Strategic Defense

    We defend employer compensation practices in courts across the country every day. Our experienced lawyers are prepared to take charge, think creatively, and mount the best defense strategy for you.

Related Focus Areas

Let us know how we can help you navigate your wage and hour legal issues.

Related Topics