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.

Practice Category

Dawn Holiday with Jackson Walker logo

January 21, 2022

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

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

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

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.

Weekly time sheet office desk with Jackson Walker logo

September 2, 2020

Proper Payment for Hours Worked by Remote Workers in the Age of COVID-19: U.S. Department of Labor Issues New Guidance to Employers on Tracking Hours “Actually Worked”

Eliminating the requirement to work exclusively in the workplace did not diminish employers’ obligation to comply with the Fair Labor Standards Act’s command that all non-exempt employees are entitled to be paid for work performed, whether authorized or not.

August 20, 2019

Equal Pay and the Wage Gap: Where Are We Now?

The Equal Pay Act of 1963 (EPA) has recently been in the press due to a lawsuit filed by 28 players from the U.S. National Women’s Soccer Team against the U.S. Soccer Federation.

August 20, 2019

Labor & Employment Dispatch: August 2019

Featuring insights on the U.S. National Women’s Soccer Team’s lawsuit against the U.S. Soccer Federation to close the gender pay gap; the labor and employment and ERISA attorneys recognized in The Best Lawyers in America 2020 edition; and more.

May 22, 2019

U.S. Department of Labor Extends Comment Period on Notice of Proposed Rulemaking Entitled “Joint Employer Status Under the Fair Labor Standards Act”

On May 14, 2019, the U.S. Department of Labor extended the time period for submitting written comments on the Notice of Proposed Rulemaking entitled “Joint Employer Status Under the Fair Labor Standards Act.”

More Wage & Hour News

  • 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

Practice Category