Employment, Labor & Benefits

Wage & Hour

Class action cases can be very costly for your business if it is found liable. Our attorneys have successfully defended hundreds of employers in lawsuits of all sizes, including those filed by individual employees as well as class actions and collective actions, and alleging violations of the federal Fair Labor Standards Act or state laws.

Unlike a typical lawsuit, a lawsuit involving wage and hour issues requires the employer to disprove the employee’s claims. Wage and hour audits can limit your liability. Our attorneys can help you comply with applicable laws and avoid these claims. If you do experience a legal challenge — especially one that develops into class action litigation — our experienced team will be by your side to help you achieve a successful outcome. In the meantime, we can review your pay practices to help reduce your risk of a successful claim.

Quick Facts


  • Dedicated team in all offices with substantial experience defending wage and hour claims
  • Backed by 100+ litigators and paraprofessionals
  • Experience across a wide range of industries
  • Accomplished litigators who specialize in class actions, collective actions, and wage and hour laws
  • Extensive trial experience in state and federal courts

Areas of Focus

  • Advise and counsel clients on all aspects of wage and hour law, including:
    • Classification and other exemption issues
    • Appropriate use of and payment practices for independent contractors
    • Timekeeping and recordkeeping practices
    • Overtime pay practices
    • Determining whether compensation is excluded from coverage
    • Wage payment practices, including timing of payments to exempt and non-exempt employees and timing of final paychecks following a termination event
    • Performing wage and hour audits to ensure compliance with applicable laws

  • Defend clients against claims brought under federal and state wage and hour laws, including:
    • Exempt vs. non-exempt misclassification
    • Independent contractor misclassification
    • Off-the-clock, on-call, and waiting time
    • Failure to pay all wages when due
    • Failure to appropriately calculate and pay overtime

  • Represent clients in wage and hour investigations undertaken by the DOL and state agencies
Sort by: Name  Title  Office

New York 212.692.6866
Jillian M. Collins

Jillian M. Collins

Associate

Boston 617.348.4917
Boston 617.348.1683
Boston 617.348.1688
Boston 617.348.1620
George M. Patterson

George M. Patterson

Staff Attorney

New York 212.692.6847
Maura M. Pelham

Maura M. Pelham

Contract Attorney

Boston 617.348.1851
Gauri P. Punjabi

Gauri P. Punjabi

Associate

Boston 617.348.1760
Stamford 203.388.8464
New York 212.692.6766
Boston 617.348.3077
San Diego 858.314.1522
Los Angeles 310.586.3200
Case Study: Dismissal of claims alleging failure to pay overtime and keep proper payroll records

Represented a dental laboratory network in a wage and hour class action filed on behalf of its former and current lab technicians. In the action, the class representative alleged that our client failed to pay overtime or keep proper payroll records. Mintz Levin successfully negotiated a settlement agreement that resulted in a prompt dismissal of all claims, so that our client’s out-of-pocket payment was minimal.

Case Study: Dismissal of class claims alleging of employee misclassification

In a case involving misclassification of interpreters working in a hospital system, we convinced opposing counsel to abandon his clients’ class claims through a motion to dismiss and opposition to conditional class certification, which effectively reduced the scope of the lawsuit from approximately 100 potential class members to three individual plaintiffs. The case was ultimately settled on exceptionally favorable terms for our client.

Case Study: Dismissal of state overtime claims in unionized employee class action

Obtained a dismissal of state overtime claims brought by a class of unionized employees on grounds that such claims were preempted by federal labor law, which resulted in over 50% reduction in scope of class and significant limitation on liability.

Representative Experience

  • Represented a nonprofit provider of home attendants in two hybrid class and collective actions relating to issues that arose from overtime exemptions for certain domestic employees under federal and state law.
  • On behalf of a health care system, obtained dismissal of all state overtime claims for unionized class members on federal labor law preemption grounds in hybrid collective action and class action filed by a nurse on behalf of all non-exempt employees.
  • Defended a publicly held medical supply manufacturer in a series of FLSA actions (individual and collective). Successfully negotiated notice, achieving an opt-in rate of only 8%.
  • On behalf of a diagnostics service provider, successfully negotiated a favorable settlement agreement for a wage and hour class action filed on behalf of pickup and delivery drivers who alleged failure to pay overtime. Majority of the settlement amount was funded by joint defendants based on the client’s position that it was not the principle employer of the putative class members.
  • On behalf of the world’s leading provider of HR solutions, obtained dismissal of plaintiffs’ overtime claims in wage and hour lawsuit alleging nonpayment of overtime and training time wages to temporary pickup and delivery drivers who claimed joint employment by temporary staffing agency and logistics services company.
  • On behalf of a security solutions provider, obtained dismissal of hybrid collective action and class action alleging failure to comply with state tip statute by establishing that the court lacked personal jurisdiction over out-of-state defendant.
  • Represented a leading investment and advisory firm in dismissal, arbitration, and favorable settlement of hybrid collective action and class action alleging misclassification and failure to pay overtime to executive assistants.
  • On behalf of a health insurer, negotiated and sought approval of class action and collective action settlement for alleged failure to pay overtime.
  • Represented an oil industry manufacturer, successfully limiting class size in collective action claiming misclassification under professional exemption, and at trial, significantly limiting the amount of recovery.
  • Defended a global oil equipment manufacturer in federal class and collective action and successfully limited class to a single plaintiff.
  • On behalf of a global real estate services provider, devised strategy that led to dismissal of wage and hour class action before the class was certified and before any briefing or discovery took place with respect to class certification.
  • On behalf of a health care company, substantially limited class size through successful negotiation and advocacy relating to terms of notice to potential class members, exponentially reducing recoverable damages.
  • On behalf of an insurance company, mediated and favorably settled a class action alleging violations with compensation of auto damage appraisers.