Wage & Hour Compliance

FAIR LABOR STANDARDS ACT

McMahon Berger works to ensure compliance with the Fair Labor Standards Act (FLSA) and other federal laws that apply to most employers. It requires payment of the federal minimum wage and overtime for non-exempt employees. It also regulates the use of child labor.

PREVAILING WAGE

Our attorneys advise federal and state contractors on the additional wage and hour obligations imposed by the Davis-Bacon Act and similar state statutes. We assist in determining whether contract coverage exists, and, if so, what the employer’s liability may be. McMahon Berger has successfully defended clients before the U.S. Department of Labor and in state court actions related to prevailing wage.

STATE & LOCAL WAGE LAWS

McMahon Berger advises clients on minimum wage and overtime requirements in many states and other jurisdictions. Other laws regulate the frequency of payment of wages, the form of wage statements, payments to terminated employees, and payout of accrued vacation and sick time.

COMMON WAGE & HOUR ISSUES

Failure to comply with federal or state policies can result in enforcement actions, as well as litigation from current and former employees. Given the significant potential for liability, ongoing compliance is essential to protecting your business. Here are some of the most frequent wage and hour issues our attorneys have seen:

  • Classifying workers as “independent contractors” instead of “employees”
  • Classifying employees as “exempt” or “non-exempt” from certain minimum wage or overtime obligations
  • Deductions from employee wages
  • Payment of overtime on non-discretionary bonuses
  • Payment for pre- and post-shift activities
  • “Off-the-clock” work by employees
  • Tip credit and tip-pooling
  • Final paychecks to separating employees

Labor Law

Advocacy before arbitrators, mediators, labor boards, agencies, and state and federal courts.

INDIVIDUAL CLASS ACTION & LITIGATION

Vigorous pursuit of the best possible solution for each individual client.

Investigations

Uncovering the facts needed to resolve employment and labor issues.

Nonprofit Counseling

Legal assistance with labor and employment matters for nonprofit organizations.