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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an employment lawyer for individual advice regarding your specific situation

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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 paths to 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 our clients, large and small, conduct a wage-hour self audit to identify compliance problems.

To conduct the self-audit,  our attorneys  will review payroll records and meet with members of management in order to identify 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 possible changes to compensation plans to help ensure continuing compliance.

 

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 strikingly 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 in the twilight zone of the New York Industrial Board of Appeals.  Please get a wage-hour lawyer involved as soon as a Department of Labor investigator knocks on your door.

Prevailing Wages

If your organization has any public contracts, you must ensure that prevailing wage requirements are not violated.  A small violation can quickly cost you  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 Reasons For Wage-Hour Lawsuits

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

  2. Employees are working "on-the-clock" and not being paid for all of their work time either because of unlawful ways that work time is added up at the end of the pay period or because employers are simply chopping off hours.

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

  4. Employees do not receive a wage notice or proper wage statements.

  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 generally volunteer their time without pay.

  9. Employees are not compensated for training time.

  10. Tips are shared with managers or kitchen workers.