Employers are subject to an array of federal, state and local statutes and regulations that govern how employees are paid and provide employees with certain legal protections. Ensuring that your business remains in compliance with applicable statutes and regulations is a complex and time-consuming task – and is critically important to protecting your business from the risk of expensive lawsuits.
Levin-Epstein & Associates, P.C. has helped employers across a range of industries understand their obligations and reduce their exposure to legal action by employees that has the potential to damage their business. We have deep experience successfully defending our clients' interests and protecting their rights.
The federal Fair Labor Standards Act of 1938 (FLSA) set nationwide standards for employment in both the public and private sectors; established the federal minimum wage; codified the concept of overtime pay; and required employers to keep accurate records on wages, hours and other employment matters. Additional statutes adopted subsequently over the years by states and localities, as well as by the federal government, have expanded the protections afforded to workers by the original FLSA – creating a complex environment for business owners.
The legal framework governing the employer-employee relationship is particularly complicated for businesses that have part time employees who work irregular schedules, have workers whose duties could be interpreted as including managerial responsibilities, or whose workers customarily and regularly receive tips or gratuities such as those in the restaurant and hospitality industries.
Properly classifying employees who are exempt and thus not eligible for overtime pay and accurately determining for which employees a business may claim a tip credit against their minimum hourly wage are complicated issues with significant downside risks for businesses that may, however inadvertently, not comply with the letter of the law.
Levin-Epstein & Associates, P.C. has extensive experience helping employers protect their business by ensuring that they take prudent steps when on-boarding new employees that will avoid potentially costly lawsuits including:
- Class Action Waivers: Requiring this waiver as part of the onboarding process for new employees limits the employer’s exposure to FLSA wage and hour claims as such a Waiver requires each employee to prove the merits of their own claims. The legal costs that the individual employee would incur can be a formidable barrier to their bringing suit at all.
- Mediation and Arbitration Requirements: Requiring employees to use these alternative dispute resolution forums to settle claims have two important benefits to employers – lower costs and confidentiality.
Our attorneys have the legal acumen and business experience to sort through and solve even the most complex employee relations questions, reducing the risk to which you and your business could be exposed.
If you have a questions or concerns about employment law, let our attorneys answer those questions and help you maintain a productive and responsible relationship with your employees.
