Fair Labor Standards Act Defense

The Fair Labor Standards Act (“FLSA”) is a federal law designed to protect workers’ rights to minimum wage and overtime pay. However, for employers, FLSA claims can quickly become a source of serious legal and financial stress. Often, these lawsuits are brought by former employees who provided no prior notice of any alleged issue and are represented by attorneys working on a contingency basis—motivated by the statute’s fee-shifting provision, which allows prevailing plaintiffs to recover their legal fees from the employer.

Our firm exclusively represents employers in FLSA litigation. We understand the unique pressures these cases impose, especially when a business may be required to pay both its own attorney and, potentially, the opposing party’s legal fees. That’s why early evaluation is critical. We work with clients to quickly assess liability exposure, determine whether early resolution is in their best interest, and develop a strategy to either settle or aggressively defend the case.

A key part of this analysis often includes reviewing whether the employee was properly classified as exempt under FLSA guidelines. If the employee qualifies as exempt, the employer may have no obligation to pay overtime. Another important consideration is whether the employer maintained accurate and consistent time and pay records, which can significantly strengthen the defense.

Our attorneys have successfully defended employers in federal court against wage and hour claims, including those involving overtime, misclassification, recordkeeping, and retaliation allegations. We bring a practical, business-minded approach to these cases, minimizing disruption and focusing on cost-effective solutions that protect our clients’ operations and reputation.