Wage & Hour Litigation


Employers must promptly retain counsel if they are facing a wage and hour enforcement investigation or lawsuit. That’s because of the ever-growing myriad of overlapping state and federal wage and hour obligations – many of which are extremely technical. This growing complexity has led to a steady rise in wage and hour litigation over the past decade. It now represents one of the largest potential liabilities for employers across all industries.


McMahon Berger represents clients who are facing enforcement actions from the U.S. Department of Labor or from a state agency. These investigations often review a broad variety of pay practices and frequently result in a finding of back-wages for some employees. Repeated violations may also cause an enforcement action and the assessment of significant civil monetary penalties.


Wage and hour litigation brought by employees often involves even more significant potential liability. Our attorneys are prepared to vigorously defend clients against the many complicating factors that often characterize these lawsuits.

  • Wage and hour lawsuits are rarely brought by a single employee. They are often collective and/or class actions seeking to include all employees affected by the organization’s wage and hour practices.
  • State and federal laws often allow employees to seek recovery or penalties for violations alleged over several years.
  • Employees can often recover double, and in some cases triple, the damages they claim to have suffered.
  • Last, but far from least, most wage and hour statutes make employers liable for attorneys’ fees if the employee successfully proves a violation.

Labor Law

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


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


Uncovering the facts needed to resolve employment and labor issues.

Nonprofit Counseling

Legal assistance with labor and employment matters for nonprofit organizations.