Wage-Hour

Self-Audits
The state and federal laws and regulations covering compensation and hours of work are so complicated that it is increasingly difficult for employers to identify their obligations and methods of compliance. Damages owed for violations of wage-hour laws can be astounding. It is obviously beneficial to limit liability by identifying problem areas and correcting them before your organization is sued or visited by the Department of Labor. We therefore recommend that all of our clients, large and small, conduct a self wage-hour audit to identify compliance problems.

Specifically, Lipman & Plesur, LLP will review payroll records and meet with members of management in order to identify potential violations of federal and state wage-hour laws. The firm will also identify areas where overtime pay calculations exceed the legal requirements. Lastly, Lipman & Plesur, LLP will review changes being considered to compensation plans to help ensure continuing compliance.

Wage-Hour Litigation
Lipman & Plesur, LLP has tremendous experience defending employers in wage-hour litigation. If there is no way to prevail in court, we will tell you and try to resolve the matter quickly and efficiently - and hopefuly inexpensively. If there are defenses, we will fight for you. An initial game plan is the key to defending wage-hour cases. We can help you develop a good initial strategy, and carry out the plan on your behalf.

Department of Labor Audits
Lipman & Plesur, LLP also represents employers who are visited by the U.S. Department of Labor and the New York Department of Labor. These agencies have become much more aggressive in recent years. Since 1990, our firm has handled hundreds of wage-hour audits. If you don’t put your “best foot forward” early on and clearly state the facts and legal defenses, you may be stuck in a lawsuit against the United States or forced into the twilight zone of the New York Industrial Board of Appeals. Please get a wage-hour lawyer involves as soon as a Department of Labor investigator knocks on your door.

Prevailing Wages
If your organization has any public contracts, you need to make sure you avoid prevailing wage violations. A small violation can quickly add up to many tens of thousands of dollars and put you on a road to debarment. Figuring out your prevailing wage obligations can be a daunting task. Lipman & Plesur, LLP has helped many employers calculate their obligations and defend their prevailing wage-related actions.

The Top Ten Reasons For Overtime Pay Lawsuits Under The Fair Labor Standards Act (FLSA)

  1. Employees are working "off-the-clock." Employees are putting in extra hours tending to their duties or going to meetings without being paid for that time.

  2. Employees are working "on-the-clock," but are not paid for all of their work time. This often occurs where work time is unlawfully added up at the end of the pay period or because hours are not fully accounted for.

  3. Workers are misclassified as exempt from overtime pay requirements.

  4. Employees are not paid for short breaks.

  5. Employees work through lunch without pay.

  6. Employees entitled to overtime pay are misclassified as independent contractors and not provided overtime pay.

  7. Shift differentials and other components of the regular rate are not included in overtime pay calculations.

  8. Employees learn that they cannot volunteer their time without pay.

  9. Employees are not compensated for training time.

  10. Plaintiff employment lawyers can file a collective action under the FLSA or a class action under state law.

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