Multi-million-dollar class-actions have exploded
in California, challenging companies' compliances with
federal and state wage-and-hour law, in many cases seeking
three or four years of backpay and overtime for hundreds,
if not thousands, of employees. Too often employers wrongly
believe that, by simply calling an employee a "manager"
or by paying an employee a "salary," the
employer can avoid paying overtime. An employer's detailed
and rigorous adherence to federal and state wage-and-hour
laws is critical.
California has a complex, seemingly ever-changing set
of 17 Wage Orders that govern industries and occupations
throughout the state. These include requirements that -
unlike federal law - demand employers pay both daily and
weekly overtime to "nonexempt" employees.
Properly classifying employees as "exempt" or
"nonexempt" requires the experience and expertise
that SWERDLOW FLORENCE SANCHEZ SWERDLOW & WIMMER possesses.
We work with our Firm's clients to ensure that all
employees'
job duties are thoroughly analyzed, that these employees
are then properly classified, that all overtime is properly
paid (if no exception or exemption is available), and
that no civil or criminal penalties are assessed for violating
California's wage-and-hour laws. In addition, when
wage-and-hour problems do arise, SWERDLOW FLORENCE SANCHEZ
SWERDLOW &
WIMMER represents its clients at all phases of administrative
hearing and litigation, including claims before the California
Divison of Labor Standards Enforcement and the United
States Department of Labor, and single-plaintiff and class-action
litigation in state and federal courts.