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OVERVIEW

Wage and Hour ON YOUR TEAM

Employers today are facing a greater risk than ever from wage and hour litigation, especially from class and collective actions that can involve multimillion dollar claims. State laws and federal regulations have changed, intensifying the focus on employee compensation and resulting in an explosion in class actions filed each year in federal and state courts.

The attorneys in Barnes & Thornburg's Wage & Hour Practice Group defend these high-stakes employment cases, backed by the resources of a nationally recognized labor and employment law practice. We tailor our approach to the particular facts of the case designed to present a vigorous, focused and practical defense designed to defeat plaintiffs- efforts to turn a case into a nationwide class or collective action. We pride ourselves in our ability to defend these actions effectively and appropriately for the level of risk involved.

Our Barnes & Thornburg's Wage & Hour Practice Group has experience with:

  • FLSA collective actions
  • Rule 23 class actions and state law analogs
  • Hybrid FLSA/Rule 23 claims
  • Representative claims under California's Private Attorney General Act (PAGA)
  • Class arbitration issues
  • Class action appeals

Our lawyers have defended the myriad issues facing employers today, including:

  • Exempt status classification and misclassification
  • Independent contractor issues
  • Off-the-clock cases
  • Wage theft claims
  • Regular rate of pay claims
  • State law employment claims
  • Recordkeeping violations
  • Meal and rest period claims

Of course, the best representation we can offer clients is preventive. We offer an array of services to assess wage and hour risks, including policy audits, and provide counseling as to how best to minimize and mitigate risks and exposures.

Practice Leaders

Kathleen Anderson

Kathleen M. Anderson

Partner
Wage and Hour Co-Chair

Fort Wayne, Columbus

P 260-425-4657

F 260-424-8316

Scott Witlin

Scott J. Witlin

Partner
Wage and Hour Co-Chair

Los Angeles

P 310-284-3777

F 310-284-3894

EXPERIENCE
  • Facing the prospect of paying out hundreds of thousands of dollars more in bonuses to certain sales employees than it initially contemplated, a firm client changed its objectives under a bonus program it maintained for sales employees mid-year due to unforeseen circumstances that resulted in major increased sales totals for several of its employees (i.e., raised the goals, which in turn lowered the employees’ opportunity for bonus compensation). One of the employees brought suit when he received a reduced bonus under the “new” system, alleging that he was entitled to the considerably larger bonus he would have received under the objectives originally communicated to him by the company. Partner Nathan Baker and Associate David Pryzbylski argued on behalf of their client that because the employee was at-will, the company was privileged to make changes to any of the terms and conditions of the employee’s employment, including his compensation under the bonus program. The court adopted the rationale set forth by Nathan and David and awarded the client summary judgment against the employee on all of his claims in February 2011.
PROFESSIONALS

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