Wage and Hour
Overview
Crowell & Moring's wage-and-hour lawyers form a diverse, nationwide team of litigators and advisors with a proven record of success in sophisticated engagements. Our clients range from some of the largest companies in the world to mid-size government contractors. We have taken cases all the way to winning verdicts and have disposed of other large wage and hour cases through dispositive motions. We have significant experience in obtaining favorable settlements through mediated negotiations. We maintain an active and sophisticated counseling practice in all aspects of wage hour compliance, including employee classification, timekeeping, and payroll practices, with particular focus on the "white collar" exemptions to overtime obligations. Our representation of government contractors includes significant experience in addressing issues presented by the intersections of the FLSA, the SCA and CWHSSA. Many of our clients have California operations, and we have an active litigation and compliance counseling practice focusing on California state law obligations. We are proud that numerous companies rely on us to guide them through Washington's wage-hour regulatory maze.
Insights
Client Alert | 3 min read | 09.14.23
DOL Proposes Significant Increase to Salary Threshold for FLSA Exemptions
On September 8, 2023, the Department of Labor (“DOL”) published a Notice of Proposed Rule Making (“NPRM”) proposing a number of changes that would, if enacted, substantially increase the number of workers who would be eligible for overtime pay under the federal Fair Labor Standards Act (“FLSA”). Most critically, the NPRM would raise the annual salary threshold for the FLSA’s administrative, executive and professional exemptions -- the so-called “white collar” exemptions -- from $684 per week ($35,568/year) to $1,059 per week ($55,068/year).
Client Alert | 13 min read | 09.12.23
Client Alert | 3 min read | 05.19.23
Client Alert | 4 min read | 04.24.23
Representative Matters
- Misclassification class actions. We have defended various companies accused of misclassifying employees as exempt from overtime obligations or as independent contractors. We took an exemption case to trial in Dallas and got a defense verdict after just one hour of deliberations. This was a significant win for the client, because its business model depends on the position being treated as a salaried, exempt job. Last year, we helped an office products manufacturer settle a nationwide collective action in which the plaintiffs sought damages after a voluntary reclassification of employees from exempt to non-exempt status.
- Off-the-clock and overtime class actions. We represent many employers embroiled in class action litigation involving alleged failure to pay employees for work performed off the clock, including for time spent traveling, working from home, using company-issued mobile devices, and being on call. We recently won decertification in a nationwide collective action featuring more than 4,000 opt-in plaintiffs, where we addressed allegations of off-the-clock work based on the use of mobile devices (including reading and responding to emails and text messages from coworkers, supervisors, and customers), working through lunch breaks, alleged time shaving by supervisors, and conducting other customer service activities outside of the workplace. We also helped a nationwide retail marketing company secure a favorable settlement in a case centered on employees' alleged activities conducted at home after the work day, and we helped a security services company defeat class certification in California statewide class actions seeking compensation for, inter alia, time spent by employees between the time they clocked in to the timekeeping system and the time their shift began. We helped a major financial services firm successfully resolve off-the-clock claims regarding after-shift and 'at home' work.
- Meal and rest break class actions. We have represented numerous companies in the defense of class actions alleging failure to provide meal and rest breaks, and associated penalties, in accordance with California law. We repeatedly won denials of class certification (or obtained favorable settlements) in putative statewide actions against a major telecommunications company, a retail marketing company, a security services company, and an airline catering company.
- Miscellaneous wage-hour class actions. Our California wage-and-hour lawyers have significant experience confronting plaintiffs' firms that comb the California Labor Code in search of novel class action claims against employers, including claims involving prohibited questions on employment applications, vacation accrual claims, out-of-state bank address claims, improper rounding, commission-chargeback claims, seating claims, and various types of employee indemnification and expense reimbursement claims.
Insights
Client Alert | 3 min read | 09.14.23
DOL Proposes Significant Increase to Salary Threshold for FLSA Exemptions
On September 8, 2023, the Department of Labor (“DOL”) published a Notice of Proposed Rule Making (“NPRM”) proposing a number of changes that would, if enacted, substantially increase the number of workers who would be eligible for overtime pay under the federal Fair Labor Standards Act (“FLSA”). Most critically, the NPRM would raise the annual salary threshold for the FLSA’s administrative, executive and professional exemptions -- the so-called “white collar” exemptions -- from $684 per week ($35,568/year) to $1,059 per week ($55,068/year).
Client Alert | 13 min read | 09.12.23
Client Alert | 3 min read | 05.19.23
Client Alert | 4 min read | 04.24.23
Insights
Professionals
Partner
|She/Her/Hers
Insights
Client Alert | 3 min read | 09.14.23
DOL Proposes Significant Increase to Salary Threshold for FLSA Exemptions
On September 8, 2023, the Department of Labor (“DOL”) published a Notice of Proposed Rule Making (“NPRM”) proposing a number of changes that would, if enacted, substantially increase the number of workers who would be eligible for overtime pay under the federal Fair Labor Standards Act (“FLSA”). Most critically, the NPRM would raise the annual salary threshold for the FLSA’s administrative, executive and professional exemptions -- the so-called “white collar” exemptions -- from $684 per week ($35,568/year) to $1,059 per week ($55,068/year).
Client Alert | 13 min read | 09.12.23
Client Alert | 3 min read | 05.19.23
Client Alert | 4 min read | 04.24.23
