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.

Alicia R. Duleba

Partner, Austin

W. Gary Fowler

Partner, Dallas

Judy Bennett Garner

Associate, Dallas

Richard G. Garza

Partner, San Antonio

Sara K. Harris

Associate, Dallas

Jon Mark Hogg

Partner, San Angelo

Gary L. Ingram

Partner, Fort Worth

John A. Koepke

Partner, Dallas

Jay K. Rutherford

Partner, Fort Worth

Ashley Scheer

Senior Counsel, Dallas

David Schlottman

Associate, Dallas

Lionel M. Schooler

Partner, Houston
— Insights

Labor & Employment Dispatch: October 2018

  • 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