“Wage and hour litigation is the fastest growing and now the most common source of high-stakes, employment-related liability facing employers today.”

Our Wage and Hour Defense Practice Group has the experience and resources to help ensure that an employer is well-informed, well-prepared and well-represented. Our attorneys respond quickly when a federal lawsuit is filed or a federal or state investigation commences.

We have extensive experience in defending every type of wage and hour claim, ranging from:

• minimum wage issues
• unpaid overtime
• tip misappropriation
• employee misclassification
• off-the-clock work and
• improper deductions from paychecks

to name just a few, and offer cutting edge strategies to help limit the employer’s exposure and litigation costs.

The number of class and collective actions has soared due to plaintiff-friendly laws, mounting government enforcement efforts and the increasing amount of information available to employees. Virtually all aspects of employee compensation have become the target of collective and individual actions in both state and federal courts. Ongoing changes in federal regulations and expanding state regulations add to the compliance challenges facing employers.

The Wage and Hour Defense Practice Group’s experience and resources also provide employers with the assistance needed to help ensure compliance before future litigation commences. We help employers recognize and address potential violations that could result in penalties or costly litigation. By providing employers with proactive advice and recommendations, we offer employers the tools they need to comply with applicable wage and hour laws and regulations, as well as the knowledge required to resolve wage and hour disputes informally as they arise in the workplace.

Department of Labor Investigations

The Wage and Hour Practice Group’s attorneys represent clients in audits and investigations by the United States Department of Labor and New York Department of Labor on an ongoing basis. Due to our substantial experience working with both federal and state labor officials, our attorneys are well positioned to counsel clients on what to expect during an investigation and which approach will be most effective to obtain a favorable resolution.

The most challenging aspect of any audit and investigation is not identifying legal issues; it is creating solutions. We have substantial experience in fashioning creative, cost-efficient, and practical remedies to legal and personnel issues uncovered during an audit. We routinely assist clients with implementing audit results, including reclassifying or restructuring jobs, payment of back wages, and developing communication plans.

An Efficient and Cost-Effective Defense

At Rodriguez Law, we develop legal strategies that make business sense. In most cases, the key to efficiently defending an FLSA case is to immediately determine if a violation existed and remedy the situation. Each case is evaluated realistically with a cost-effective approach while working with our clients to ensure their interests are being protected. We will resolve a case or aggressively defend it by seeking dismissal of any claim that lacks merit depending on how our client wants to proceed. It is important to be in compliance with FLSA regulations and to assess these claims early in litigation in order to minimize damages.