Constantly changing state and national laws and regulations require employers to be vigilant and adaptable with all of their pay practices. Polsinelli's wage and hour practice has developed vast experience guiding employers through each step of the process in a manner that is financially efficient and legally thorough. To maximize the benefits of this process, Polsinelli partners with businesses to carefully review employee positions and duties to determine whether the positions can be classified as exempt under the Fair Labor Standards Act and relevant state wage and hour laws. The practice was ranked by Chambers USA in Labor & Employment, May 2016, and rated as a Standout in both complex and everyday employment litigation in the 2017 BTI Litigation Outlook, based on a survey of more than 300 general counsel at companies with more than $1 billion in revenue.

We represent employers on all aspects of pay practices, including:
  • Defense against Department of Labor complaints, including responding to investigations and defending employers during Department of Labor hearings
  • Modifying pay practices to be compliant with wage and hour laws and assisting with the transition and implementation of new policies
  • Defending single employee and multi-employee collective actions brought under the FLSA and state wage and hour laws, including:
    • Expedited informal and formal discovery to assist in defending against conditional certification and/or attempting to limit class size
    • Detailed analysis of documents and calculation of potential damages to assist the client in analyzing risk and for use in mediation to attempt to resolve the matter in a favorable settlement to the employer
    • Discovery and depositions of segments of the collective class to assist in decertification and summary judgment motions
    • Analysis of pay practices and classifications to ascertain whether changes can be made to limit potential damages in litigation
    • Defending employer through pretrial proceedings and trial.
  • Plaintiff brought a collective action for alleged violations of the Kansas Minimum Wage and Maximum Hour Law (“KMWMHL”). Filed a pre-answer motion to dismiss plaintiff’s’ claims against on the basis that the KMWMHL was inapplicable to defendant. The court ruled from the bench granting defendant’s motion to dismiss. Plaintiff appealed and the Kansas Court of Appeals affirmed the dismissal.
  • Plaintiff brought claims against former employer for retaliation under the Fair Labor Standards Act and failure to pay overtime under the FLSA. Obtained partial summary judgment dismissing plaintiff's overtime claim and court holding that defendant's fluctuating work week method of paying overtime was compliant.
  • Defended numerous clients through FLSA litigation and negotiated settlements favorable to defendant.
  • Former employee brought Department of Labor action against a construction company, claiming unpaid wages and bonuses. DOL hearing office held in favor of company stating that employee had received all wages owed and was compensated properly.
  • Defend and obtain favorable settlement for pharmeceutical company in nationwide collective action by employees alleging unpaid wages for donning and doffing activities.
  • Defend and obtain favorable settlement for cable installation company in nationwide collective action brought by employees alleging unpaid overtime wages and unlawful deductions when classified as independent contractors.