Wage & Hour

Wage-and-hour liability is a risk that faces employers of all sizes across all industries. Within the past decade there has been a substantial increase in wage-and-hour lawsuits in Texas and throughout the country. Jackson Walker’s employment attorneys have years of experience helping employers avoid these risks through forward-thinking advice. We also routinely defend clients against lawsuits and government investigations alleging wage-and-hour violations.
The federal Fair Labor Standards Act (FLSA) together with state laws establish complex rules regarding how employees must work and be paid, including minimum wage requirements and overtime entitlement. When it comes to wage-and-hour liability, an ounce of prevention is truly worth a pound of cure. Even small wage or overtime claims can quickly escalate into significant penalties and legal fees in litigation—a fact often exploited by employees as leverage in litigation.

Our employment attorneys help clients pay their employees correctly in the first place, thus avoiding these costly expenses. Whether through wage-and-hour audits or day-to-day compliance advice, we provide clients with practical and proactive solutions that comply with applicable wage-and-hour laws while achieving and aligning with critical business objectives.

If a lawsuit is filed, or a government investigation is initiated, our attorneys respond quickly and mount a solid defense. We have defended employers in investigations and audits conducted by the Department of Labor, Texas Workforce Commission, and other federal and state agencies. We have also represented employers of all sizes in both single-plaintiff and class action wage-and-hour litigation. Our employment attorneys bring the years of skill and experience necessary to successfully resolve even the most complex wage-and-hour litigation.

U.S. Department of Labor building

September 29, 2023
Insights

Minimum Wage Hike for Federal Contractors Halted in the Fifth Circuit

By David Schlottman and Michael A. Drab

On January 1, 2023, a new regulation from the Department of Labor took effect that raised the minimum hourly wage applicable to certain federal contractors to $16.20. But this past Tuesday (September 26, 2023), a federal judge in Victoria, Texas, entered an injunction prohibiting the DOL from enforcing the rule in the states of Texas, Louisiana, and Mississippi.

U.S. Department of Labor building

September 1, 2023
Insights

Department of Labor Proposes Expanding Overtime Eligibility to Millions

By David Schlottman and Michael A. Drab

You may soon be required to pay your salaried employees more. On August 30, 2023, the Department of Labor issued a new proposed regulation that would raise the minimum salary required to invoke the commonly used “white-collar” exemptions to overtime from $684 per week (or $35,568 annually) to $1,059 per week (or $55,068 annually). Additionally, the proposed regulation would raise the minimum annual salary required to claim the highly compensated employee exemption from $107,432 to $143,988.

August 22, 2023
Speaking Engagements

David Schlottman to Present at 33rd Annual Labor and Employment Law Institute

Jackson Walker partner David Schlottman will present at the 33rd Annual Labor and Employment Law Institute, providing insights on recent developments in wage-and-hour law, including activity at the Department of Labor and new case law from the United States Supreme Court. The conference takes place at JW Marriott Hill Country Resort in San Antonio on August 25-26, 2023.

John Jansonius and David Schlottman with Jackson Walker logo

August 19, 2022
Speaking Engagements

John Jansonius and David Schlottman to Present at 32nd Annual Labor and Employment Law Institute

During the 32nd Annual Labor and Employment Law Institute, John Jansonius and David Schlottman will present the latest developments related to labor law and wage and hour matters. Held at JW Marriott Hill Country Resort in San Antonio on August 26-27, 2022, the conference is presented by the Labor & Employment Law Section of the State Bar of Texas.

Dawn Holiday with Jackson Walker logo

January 21, 2022
Mentions

Dawn Holiday Shares Advice for Private-Sector Employers Following Wage Hike for Federal Employees

The Biden administration on Friday unveiled a long-awaited plan for raising the minimum wage for federal employees to $15 an hour, a year after President Joe Biden signed an executive order…

Tax deduction business planning

January 17, 2022
Insights

What Federal Contractors Need to Know About the New Minimum Wage Requirements

By Michael Drab | Effective January 30, 2022, the hourly minimum wage for employees of federal contractors will be $15.00 ($10.50 for tipped workers), and will increase annually based on inflation. This article discusses requirements issued by the U.S. Department of Labor for the order.

Jackie Staple with Jackson Walker logo

September 15, 2021
Mentions

Six-Figure Income Plus Overtime Ruling Hits Energy Sector Pay | Bloomberg Law

Following a recent ruling that an offshore oil rig manager can get overtime despite making $200,000 a year, Jackie Staple told Bloomberg Law that the Fifth Circuit ruling leaves room for highly paid workers who receive day rates to be exempt. “There could be a different fact pattern presented and the worker could meet the requirements for overtime exemption,” she noted.

San Antonio with Jackson Walker logo

August 24, 2021
Speaking Engagements

John Jansonius and David Schlottman to Present at 31st Annual Labor and Employment Law Institute

During the 31st Annual Labor and Employment Law Institute, John Jansonius and David Schlottman will present the latest developments related to the National Labor Relations Board and wage and hour laws. Presented by the Labor & Employment Law Section of the State Bar of Texas, the conference takes place at JW Marriott Hill Country Resort in San Antonio on August 27-28, 2021.

David Schlottman with Jackson Walker logo

April 19, 2021
Speaking Engagements

David Schlottman to Present Wage and Hour Update at UT Law CLE’s Labor and Employment Law Conference

During the 28th Annual Labor and Employment Law Conference held on May 6-7, 2021, Jackson Walker partner David Schlottman will present the latest developments in wage and hour enforcement and law over the past year.

Weekly time sheet office desk with Jackson Walker logo

March 17, 2021
Insights

The Fifth Circuit’s FLSA One-Two Punch – Two Big Cases

March 9, 2021, was a busy day for the Fifth Circuit in the wage and hour arena when it issued two decisions that carry big implications for application of the Fair Labor Standards Act, the federal law that requires minimum wage and overtime compensation for most employees.

  • Wage-and-hour Compliance Advice & Audits
  • Review of pay policies and practices, including: overtime policies; timekeeping policies; tipped employees and tip pools; meal and rest breaks; off-the-clock work; compensable work time; commission agreements; deductions from pay for salaried employees; bonus arrangements; independent contractors; interns
  • Assessment of employee classifications and exempt status
  • Litigation avoidance strategies
  • Government Agency Investigations
  • Department of Labor investigations
  • Texas Workforce Commission audits
  • Investigations initiated by other state and federal agencies
  • Litigation (Single-plaintiff and Class-action) Involving Claims of:
  • Misclassification of exempt employees
  • Independent contractor misclassification
  • Off-the-clock work
  • Failure to pay minimum wage or overtime
  • Improper tip pooling
  • Meal and rest breaks
  • Unpaid commissions
    FLSA retaliation
    Other alleged improper pay practices

Related Practices

Related Industries