We advise employers on FLSA and state wage and hour compliance and defend against wage and hour claims including overtime, minimum wage, and classification disputes.
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.
The Fair Labor Standards Act establishes minimum wage, overtime, and recordkeeping requirements. We advise on FLSA compliance including classification, overtime calculations, and compensable time.
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.
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