Wage & Hour

EY attorneys have been actively litigating Wage and Hour cases in a wide array of industries throughout the United States for over a decade. Wage and Hour claims arise under both the Federal Fair Labor Standards Act and numerous state Wage and Hour laws. Wage and Hour claims usually arise when employers require their employees to work "off the clock", misclassify employees as salaried to avoid the payment of overtime, or devise other work rules that are aimed at avoiding responsibility for paying employees for all time worked and/or overtime compensation.

Widely regarded as Wage and Hour experts, EY attorneys have successfully represented thousands of individual employees throughout the United States in recovering millions of dollars in back pay for unpaid wages. Due to their recognized expertise, EY attorneys have also been called upon by corporate counsel seeking to avoid liability under the federal Fair Labor Standards Act and analogous state laws.

Wage and Hour and overtime lawsuits are brought under both federal and state laws. The Federal Fair Labor Standards Act ("FLSA"), 29 U.S.C. Sec. 201, et. seq., is perhaps the most widely recognized law used to recover back pay for workers who have been unlawfully denied overtime or earned wages. Most state Wage and Hour laws mirror the FLSA.

The central requirements of the FLSA are that all covered employees be paid a minimum wage for all hours worked and be paid at an overtime rate for all hours worked in excess of 40 hours per week.

Common issues in wage and hour litigation involve, for example:

• Whether an employer is covered by federal and/or state wage and hour laws;
• Whether the aggrieved employee is considered an "employee" or "independent contractor", whether the time at issue is subject to overtime;
• Whether the unpaid time at issue is straight time or overtime;
• Whether the unpaid time at issue is considered "work" as defined by law;
• Whether the unpaid time is considered preliminary or postliminary such that the employer is not required to compensate employees for the time at issue;

Federal and most State Wage and Hour laws also include provisions that protect employees against retaliation by employers for asserting their rights to seek backpay for unpaid wages.

EY has successfully litigated Wage and Hour lawsuits throughout the United States and brings its cases both on behalf of individuals and as class or collective actions. EY represents aggrieved employees on a contingent fee basis which means that we don't get paid unless you get paid.