Wage and Hour Counseling and Defense
Tristate Wage and Hour Attorney
A Tristate Wage and Hour Attorney Focuses on Both the Law and Your Business Needs
The misapplication of wage and hour laws can have significant financial consequences. Because wage and hour requirements apply to groups of employees, damage awards are multiplied by the number of employees affected. A skilled employer wage and hour attorney in Huntington, WV can help business in the tristate area sort through the various statutory requirements, identify those that apply to your unique work environment, and help you institute business-friendly practices that comply with the law and thwart the risk of substantial judgments. When needed, a seasoned Jenkins Fenstermaker tristate wage and hour attorney is always prepared to provide aggressive defense in any administrative or judicial proceeding.
Complex Legal Schemes Require the Guidance of a Tristate Wage and Hour Attorney
Federal and state wage and hour legal requirements impact all aspects of the employment relationship from hiring to termination. With so many points of contact and gray areas in interpretation of the law, it’s not surprising that employers are often confused and make mistakes.
- The federal Fair Labor Standards Act (FLSA), and its state counterparts in WV, KY, and OH, are most commonly known for regulating minimum wage and overtime. Most employees are eligible for overtime unless they satisfy one of the statutorily defined exemptions. Following are some of the most commonly applied exemptions: Administrative;
- Outside sales; and
- Computer-related occupations.
But wage and hour laws regulate much more than overtime:
- Meal and break time;
- Paycheck deductions;
- Compensable working time (e.g., donning and doffing, travel, and commuting);
- Off-the-clock work;
- Direct deposit limitations;
- Use of pay cards;
- Use-it-or-lose-it vacation policies;
- Garnishment and terminal pay;
- Worker classifications (independent contractor versus employee);
- Child labor; and
- Recordkeeping and notice posting.
It takes frequent interaction with the FLSA and relevant state laws to understand their intricacies. A Jenkins Fenstermaker FLSA attorney for employers in WV, KY and OH has this experience.
Spotlight on Wage and Hour Violations
The U.S. Department of Labor is well aware that most employers struggle with FLSA compliance. Employees and plaintiff’s counsel are also aware of this fact and count on it to produce hefty payouts if they win their cases. That means employers are increasingly the target of government audits and employee lawsuits. More and more, when litigation is involved, the typical case is brought in the form of a class action or collective action lawsuit.
Tristate employers that are federal contractors are also subject to additional federal laws, such as the Davis-Bacon Act and the McNamara-O’Hara Service Contract Act, that govern prevailing wages and the provision of certain fringe benefits. Federal contractors who fail to comply with all applicable wage and hour requirements risk being debarred from future government contract awards or the extension of existing federal contracts.
The Old Adage is True: The Best Offense is a Good Defense
For employers, the best defense strategy is to be prepared for outside scrutiny. Employers need to conduct internal audits with the guidance of counsel. For employers in Huntington and the surrounding states, a tristate wage and hour attorney can conduct a detailed review of your employee policies and procedures on items like the following:
- Exempt/non-exempt classifications;
- Independent contractor relationships;
- Timekeeping procedures;
- Job descriptions, to ensure support of overtime classifications;
- Policies regarding off-the-clock work;
- Bonus and incentive plans; and
- Payroll practices such as these:
Once a review is complete, a Jenkins Fenstermaker counsel for employer wage issues can address any concerns identified and offer practical solutions and training that match the needs of your workplace.
Jenkins Fenstermaker tristate wage and hour attorneys provide the comprehensive counseling WV, KY, and OH employers need to meet the intricate compliance requirements of the FSLA and state wage and hour laws. Our attorneys also have deep experience defending employer interests in administrative, state and federal forums. To discuss your wage and hour needs with an employer wage and hour attorney in WV and the surrounding tristate area complete this online form or call (304) 523-2100 or (866) 617-4736 toll-free.