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The Employer’s Guide to Avoiding Wage and Hour Lawsuits
Wage and hour violations are one of the most common—and expensive—risks employers face. From overtime errors to worker misclassification, even small mistakes can lead to major legal consequences. Counsel Now connects you with experienced employment attorneys who help your business stay compliant, avoid lawsuits, and build a strong workplace foundation.
Wage and hour laws are critical protections for employees, but they can also create significant risks for employers who fail to comply. Lawsuits involving unpaid overtime, misclassified workers, or minimum wage violations are among the most common—and costly—employment claims businesses face today. For employers, understanding and following wage and hour regulations isn’t just about compliance; it’s about protecting your business from litigation and preserving a positive workplace culture.
Key Wage and Hour Laws Employers Should Know
- Fair Labor Standards Act (FLSA): The FLSA is the primary federal law governing minimum wage, overtime pay, recordkeeping, and child labor. Most employers must pay non-exempt employees overtime at 1.5 times their regular rate for hours worked over 40 in a workweek.
- State and Local Laws: Many states and municipalities have their own wage and hour rules that can be more stringent than federal standards. Employers must comply with the strictest applicable law.
- Employee Classification: Properly classifying workers as exempt, non-exempt, employees, or independent contractors is crucial. Misclassification can lead to unpaid wages, penalties, and back taxes.
Common Causes of Wage and Hour Lawsuits
- Unpaid Overtime: Failure to pay overtime or improperly calculating overtime rates.
- Off-the-Clock Work: Employees working before clocking in or after clocking out without compensation.
- Meal and Rest Break Violations: Not providing legally required breaks or failing to compensate for missed breaks.
- Misclassification: Treating employees as independent contractors or exempt workers when they don’t meet the legal criteria.
- Failure to Keep Accurate Records: Inadequate documentation of hours worked can expose employers to claims and penalties.
Author

Arleo Dordar
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Best Practices to Avoid Litigation
- Conduct Regular Audits: Review payroll and timekeeping practices periodically to ensure compliance.
- Clear Policies: Establish and communicate transparent policies on work hours, breaks, overtime, and classifications.
- Accurate Timekeeping: Use reliable systems for tracking employee hours, and discourage off-the-clock work.
- Employee Training: Train managers and HR personnel on wage and hour laws and how to identify potential issues.
- Consult Legal Counsel: When in doubt, seek advice from employment law specialists to review your practices and address concerns before they escalate.
Responding to Wage and Hour Claims
If you receive a wage and hour claim or notice of investigation, don’t ignore it. Promptly consult an experienced employment attorney to evaluate your exposure and develop a response strategy. Early intervention can prevent costly lawsuits and help negotiate settlements where appropriate.
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