Over the last 15 years, employers throughout Wisconsin (and beyond) have witnessed an explosion of wage and hour litigation. The Fair Labor Standards Act (FLSA) and similar state laws provide employees (and their attorneys) powerful tools to challenge a wide variety of wage-related practices.
When an FLSA claim lands on your desk, you will want the assistance of attorneys who have deep experience in defending against these types of cases. Godfrey & Kahn has exactly that, with a team of litigators who have tackled numerous individual claims, FLSA collective actions, and state wage and hour class action claims for clients ranging from the Fortune 500 to those with fewer than 50 employees.
We have successfully defended claims against our clients brought by individuals who file a case on behalf of all similarly situated employees, upping the stakes dramatically. If that employee wins, whether on behalf of herself or a larger group, the employer is liable not only for back pay and liquidated damages, but also the other side's attorney fees.
Wage and hour cases require a comprehensive analysis of the merits of your defenses, as well as a strategy for defeating the plaintiff's effort to proceed on behalf of a broader collection of employees. Godfrey & Kahn attorneys have experience assisting clients in defeating certification and achieving decertification whenever possible. With over 50 years of collective experience defending these claims, Godfrey & Kahn can help you develop the right approach to your particular case, including consideration of whether an early settlement might make more sense than protracted litigation.
By way of representative example, Godfrey & Kahn has handled wage and hour disputes related to:
- Break time;
- Delivery driver vehicle expenses;
- Meal periods;
- Timekeeping practices, such as automatic deductions;
- Travel time;
- Working off the clock, especially those driven by use of technology like work email;
- Call-in pay;
- Impact of bonus’ on overtime rates;
- Donning and doffing of uniforms; and
- Alleged misclassification.
Boelk v. AT&T Teleholdings, Inc., No. 12-cv-40-bbc, 2013 WL 239066 (W.D. Wis. Jan. 10, 2013), 2013 WL 12234255 (W.D. Wis. Mar. 11, 2013), 2013 WL 3777251 (W.D. Wis. July 19, 2013).
Hatton v. Cablecom, LLC, No. 14-cv-1459, 2015 WL 4113441 (E.D. Wis. July 8, 2015).
Drake v. Aerotek, Inc., No. 14-cv-216-bbc, 2015 WL 6554592 (W.D. Wis. Oct. 29, 2015), 2016 WL 80672 (W.D. Wis. Jan. 7, 2016).