Overview

Our attorneys counsel clients on wage and hour issues, the payment of overtime, and the determination of exempt status of employees.

We represent clients in wage and hour proceedings under the federal Fair Labor Standards Act and under state statutes such as minimum wage laws, sales representative laws, and wage payment and collection laws. We have also represented employers in a number of wage and hour class action litigations, including FLSA collective actions, state court class action claims involving overtime, and cases concerning employee misclassifications, unlawful deductions, and meal and rest breaks.

In cases where it has been in our client’s interest, we have successfully mediated class claims on both a settlement fund and claims-made basis.

  • Experience

    • We represented a California employer in a wage-hour class action in which plaintiff alleged that the employer had improperly failed to pay overtime or provide statutory meal and rest periods, in part, due to the employer’s failure to properly account for time employees spent donning and doffing personal protective equipment. After removing the case to federal court, we successfully opposed plaintiff’s motion for remand. And following mediation, we reached a reasonable settlement with which the client was pleased.
    • We represented a California employer in a wage-hour class action in which plaintiff alleged that the employer had failed to pay or reimburse employees for the purchase of employer-required uniforms and, in turn, failed to pay employees minimum wage and all wages due upon termination. After removing the case to federal court, we successfully opposed plaintiff’s motion for remand and moved to dismiss two of plaintiff’s claims for relief. And following mediation, we reached a reasonable settlement that met the client’s objectives.
    • In the Northern District of Georgia we secured a dismissal and an order compelling individual arbitration in a wage-hour collective action under the FLSA. Plaintiff filed a collective action alleging misclassification of employees as exempt under the Fair Labor Standards Act. Each plaintiff, however, had signed an arbitration agreement upon being hired. The agreements did not address class or collective actions and whether the plaintiffs waived their right to pursue an action in federal court under the FLSA. In a case of first impression in the Circuit, the District Court granted our motion to compel individual arbitrations, rejecting Plaintiff’s argument that the arbitration agreements were a violation of Plaintiff’s Section 7 rights under the National Labor Relations Act and the NLRB’s decision in Michael Cuda and D.R. Horton.
    • We successfully managed complex litigation to resolution for a glass company in wage-hour litigation where the allegation was off-the-clock work and failure-to-pay for drive time.
    • Our attorneys represented a large merchandise company in wage- hour litigation. After successfully dismissing the named plaintiff, we resolved the litigation.
    • We represented a restaurant chain where the issue involved failure to pay minimum wage.  We successfully managed the case to resolution prior to class certification.
    • Schiff Hardin attorneys represented a restaurant chain in a wage and hour audit. We were able to convince the investigator to narrow the scope of the investigation.
  • Awards & Honors

    • U.S. News – Best Lawyers® “Best Law Firms” – Metropolitan Tier 1
      • Employment Law - Management, Chicago (2012-2021)
      • Labor Law - Management, Chicago (2012-2021)
      • Litigation - Labor & Employment, Chicago (2012-2021)