Wage and Hour
Employment and Labor

Wage and Hour

Wage and Hour issues are among the most sensitive issues present in the workplace. Both State and Federal Departments of Labor are charged with ensuring that employees are paid appropriately in accordance with the laws of that jurisdiction. The Employment Team at Culhane is comprised of attorneys who have represented large and small companies in crafting proactive wage and hour programs as well as handling reactive responses to DOL investigations.

Hotbed issues include:

  • Proper Employee Classification. Ensuring that each workplace position is appropriately classified as exempt or non-exempt is key – remember, it is the job responsibilities of a particular job that drive exemption status, not the employee, tenure, “status,” or job title.
  • Pay Dates and Pay upon Termination.  While many payroll details default to the employer’s routine business practices, there are very specific legal requirements that drive how often and when certain employees must be paid.
  • Compensable Time. Avoid over- or underpaying employees for time spent doing unusual tasks (e.g., driving to a different worksite for a meeting, donning and doffing work uniforms, etc.).
  • Withholding from Employees’ Paychecks.  Whether an employer requires repayment of certain costs or is simply seeking to recoup amounts that an employee was not otherwise entitled to receive, there are legal requirements that employers must follow in order to withhold amounts from an employee’s paycheck.
  • Leave Programs.  Only certain leave programs are an employee entitlement and employers can avoid DOL interference in Company-sponsored leave programs by carefully crafting program details.

Culhane’s highly-qualified team of employment lawyers can assist your company in avoiding the pitfalls associated with this sensitive subject.

Jo Bennett

Jo Bennett

Harvey R. Linder

Harvey R. Linder