Wage and Hour Litigation
We are a preeminent national firm in the litigation of large and complex wage and hour class and collective actions. As wage and hour litigation has continued its explosive growth in both state and federal courts and agencies, often with extensive publicity, clients have turned to us for the experience and efficiency that is necessary to effectively litigate these cases to a successful resolution. Clients whom we have successfully represented in such class and collective actions represent a cross-section of the firm’s client base, including national retail, financial services, professional services, restaurant industry and market research firms, as well as numerous clients with a more regional presence. Many of these cases involve nationwide putative classes and cutting-edge legal issues, such as the exempt status of financial services industry representatives, suits for meal and rest-period violations and claims brought under California’s “private attorney general” statute.
Employers that prevail at the class certification stage often win the battle and the war as a practical matter. We have the experience and successful track record in defeating class certification in employment cases. We are skilled at managing large and complex cases through the discovery process so that they are ideally positioned for summary judgment. Should a trial become necessary, we are one of the select firms that has actual class action trial experience, in addition to our strong appellate practice, including before the United States Supreme Court.
At all times, our focus remains on securing the best result possible for our client given its business objectives. We recognize that, at times, a client’s best interests may be served not through aggressive litigation, but rather through an early settlement. We have successfully settled numerous wage and hour class and collective actions on favorable terms, both through mediation proceedings and through direct negotiations among the parties. In one recent case, we headed off a potentially massive nationwide collective action on very favorable terms for our client by crafting an appropriate settlement strategy during the earliest phases of the litigation. Consistent with this approach, we undertake a comprehensive assessment at the start of each collective and class action to determine the best course to chart as early in the case as possible. In each instance, we work proactively and aggressively to develop strategies appropriate to our client’s particular circumstances.
We work extensively with our clients to counsel them on best practices that can help them avoid lawsuits before they arise. Our counseling services range from daily advice on client questions, to analyzing the exempt or non-exempt status of particular positions, to conducting internal wage and hour audits, to providing drafting assistance on communications to employees, to strategizing regarding legal compliance. With each engagement, however, our goal is the same: to provide effective, appropriate counsel in this complex area to meet and anticipate our clients’ needs.