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FLSA Collective Actions

Spencer Fane Labor and Employment attorneys routinely assist employers of all sizes with wage-and-hour matters.

Our attorneys are business-oriented and understand that no company wants to be embroiled in disruptive and expensive legal actions related to employment practices. Therefore, we help employers avoid significant exposure through pro-active self-audits of policies and procedures related to pay and timekeeping. We provide advice on classifying and compensating workers in ways that are consistent with the law. Where appropriate for our clients’ business and goals, we assist with the development of arbitration programs designed to eliminate the risk of multiple-employee lawsuits.

When necessary, we defend employers in individual, class, and collective actions alleging wage-and-hour violations under the Fair Labor Standards Act (FLSA) or similar state laws. Recognizing that such actions can be financially burdensome, organizationally disruptive, and reputationally damaging, our team develops and implements practical solutions, tailored to match the objectives of each circumstance and each client.

When the situation calls for an aggressive defense, we leverage our national footprint, bench strength, and experience to marshal evidence and deploy legal strategies aimed at defeating claims or limiting exposure. Our team also looks for creative ways to minimize costs and reduce the time spent on litigation, finding early resolutions so that our clients can keep their focus on operating their businesses.

In addition, our attorneys help companies navigate governmental investigations from state and federal agencies, including demonstrating legal compliance and minimizing the risk of enforcement actions and penalties.

Representative Experience

  • Successfully defended clients in multiple audits and investigations by the U.S. Department of Labor relating to independent contractors and employee classifications.
  • Prepared defense to class action misclassification allegations by exempt assistant managers, leading to favorable resolution at mediation before filing of lawsuit.
  • Implemented strike force to marshal rebuttal evidence in response to collective action seeking alleged unpaid overtime pay by non-exempt workers, resulting in favorable pre-trial resolution.