One of the most active areas of Winston & Strawn's labor and employment practice is the representation of employers in wage and hour class and collective actions. We currently are defending clients in cases involving claims such as:
- commission chargebacks
- “off-the-clock”
- meal and rest breaks
- misclassification
- unlawful deductions
- waiting time penalties
A number of these cases also involve Section 17200 claims under California's Unfair Competition law.
Winston & Strawn’s California employment law team draws on the firm’s knowledge base to provide clients with tangible solutions to the myriad of wage and hour class action and litigation matters.
Our attorneys represent clients before the federal DOL, as well as at the state level, in connection with FLSA and wage and hour issues, including exempt/non-exempt matters involving employee overtime status and off-the-clock pay practices. Though our attorneys have devised highly effective techniques for conducting the investigations needed to defend against these claims, we do not litigate these cases using a “formula” or “cookie cutter” approach. The litigation strategy that we develop is based on the facts of the particular case and the goals of the client.
In addition, we have collaborated with a number of leading labor economists and other consultants in designing employment and payroll data analysis used, in part, to establish the employer’s defense.