Wage and Hour Law
Labor and Employment | ComplianceWe advise employers on FLSA and state wage and hour compliance and defend against wage and hour claims including overtime, minimum wage, and classification disputes.
Overview
Navigating Complex Compensation Requirements
Wage and hour compliance involves intricate federal and state requirements. MC Law's Wage and Hour practice helps employers achieve compliance and defends against claims.
FLSA Compliance
The Fair Labor Standards Act establishes minimum wage, overtime, and recordkeeping requirements. We advise on FLSA compliance including classification, overtime calculations, and compensable time.
Classification Issues Employee classification errors drive wage and hour liability. We audit classification practices and advise on exempt status analysis. Class and Collective Actions Wage and hour violations often spawn class and collective actions. We defend FLSA collective actions and state law class actions. State Wage Laws State wage laws often exceed federal requirements. We advise on compliance with state minimum wage laws, meal and rest break requirements, and pay frequency rules. Audits and Investigations DOL investigations require careful response. We represent employers in Wage and Hour Division investigations. Pay Equity Equal pay requirements prohibit compensation discrimination. We advise on Equal Pay Act compliance and conduct pay equity audits.Our Services
labor_and_employment
Federal registration and validity opinions
employment_litigation
Federal registration and validity opinions
class-actions
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Exempt employees are excluded from FLSA overtime and minimum wage requirements based on meeting salary and duties tests for executive, administrative, professional, and other exemptions. Non-exempt employees must receive minimum wage and overtime pay for hours exceeding 40 per week.
Overtime is calculated at 1.5 times the regular rate for hours over 40 per workweek. The regular rate includes base pay plus non-discretionary bonuses, commissions, and certain other compensation. State laws may require daily overtime or different calculation methods.
Common mistakes include misclassifying employees as exempt, failing to pay for all hours worked including pre- and post-shift activities, improper deductions from pay, failing to include all compensation in overtime calculations, and not complying with state meal and rest break requirements.
Federal law does not require meal or rest breaks, but many states mandate them. Requirements vary significantly—California requires 30-minute meal breaks and 10-minute rest breaks with specific timing rules and premium pay for violations. Employers must comply with each applicable jurisdiction.
Under the FLSA, employees can recover unpaid wages, an equal amount in liquidated damages, and attorneys' fees. State laws may provide additional penalties, waiting time penalties, and treble damages. Class and collective action mechanisms can multiply individual exposure dramatically.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
