Wage & Hour Compliance

Providing Employers with Skilled Guidance in Complex Wage & Hour Matters

In recent years, there has been an explosion of wage and hour claims under the federal Fair Labor Standards Act (FLSA) and companion state statutes. These claims are filed on a daily basis with the Department of Labor and in courts across the nation. Employers of all sizes and types are vulnerable to wage and hour lawsuits, and employers who become the target of wage and hour litigation run the risk of exposure to significant damages.

The Employment Law attorneys at KDV have extensive experience advising and representing clients in complicated wage and hour matters. Whether we are assisting a company with the development and implementation of a compliance program, responding to a government investigation or enforcement action, or litigating a high-stakes wage and hour lawsuit, our objective is to achieve an outcome that best protects our clients’ businesses and financial interests.  

Wage & Hour Compliance

KDV is well known nationally and internationally for its ability to deliver exceptional legal counsel to companies facing challenging employment law issues and disputes. Our attorneys have particular experience helping companies avoid costly and disruptive government investigations, compliance audits and employee lawsuits arising under the FLSA and its state counterparts.  Cognizant that our clients are highly susceptible to wage and hour claims, we assist clients with the development and implementation of comprehensive wage and hour compliance programs and procedures.  Each Labor and Employment attorney in our practice has deep knowledge of the federal and state laws governing wage and hour issues. We work closely with our clients to ensure that they have a full understanding of the rules and requirements applicable to their organization, including:

• Proper payment of overtime , bonuses, commissions and other wages
• Properly classifying employees as exempt or non-exempt
• Maintaining all required employee information and records, including payroll records and time records
• Ensuring that the required wage and hour acknowledgements and notices are included on employee paystubs
• Properly designating workers as employees or independent contractors

We also perform in-house audits of our clients’ records and activities to proactively identify potential issues and cure any problems that we uncover. Additionally, our attorneys review and revise the policies and procedures that companies already have in place to reduce potential exposure to wage and hour claims and government investigations.

Wage & Hour Litigation

KDV’s Labor and Employment Law attorneys regularly represent employers in complex wage and hour litigation. We counsel and defend companies who find themselves the target of investigations and enforcement actions initiated by the U.S. Department of Labor or state labor departments.  Our lawyers navigate clients through each stage of the government investigation process.  If a matter continues beyond the investigative level, our attorneys are fully prepared to litigate the case against the Department of Labor.

FLSA litigation can also be filed in federal and state court by workers who believe that a wage and hour violation has occurred. When these types of complaints surface, our attorneys take quick action to determine the extent to which the employer may be at risk for exposure.  If we conclude that the case is high risk, we attempt to negotiate a resolution early in the process to avoid costly litigation which can place our client on the hook for attorney’s fees and costs as well as liquidated damages if the plaintiffs prevail.   If we are unable to reach a resolution of the matter or determine that settling the claim is not advisable, KDV attorneys will vigorously defend our clients in state and federal court, including any appeals that may ensue.