Wage & Hour Counseling

Wage & Hour Counseling

Overview

Wage and hour claims, litigation, and class actions continue to be brought against employers in increasing numbers. Because the best defense against these claims is to prevent them, Cox, Castle & Nicholson routinely advises employers on wage and hour employment practices and conduct audits of human resource processes, record-keeping, and written policies. When claims and class action litigation are brought, we aggressively defend employers, particularly when expansive class allegations are brought in the name of only a few or one class representative. We are highly experienced in all types of wage and hour issues, including:

  • Employee misclassifications (both independent contractor and exempt v. non-exempt issues)
  • Inaccurate pay stubs
  • Meal and rest period violations
  • Overtime claims
  • Penalties under the Private Attorney General Act
  • Statutory waiting time penalties
  • Unfair Practices
  • Unlawful deductions
  • Unpaid wages for hours worked and time worked "off the clock"
  • Unpaid prevailing wages on public works
  • Violations of Industrial Welfare Commission (IWC) Wage Orders

We have defended class actions against employers in various industries such as construction, manufacturing, agriculture, and retail. Although our attorneys are experienced in defending class claims at all stages of litigation, we maintain a business perspective and stress seeking alternatives to resolution that avoid a "lock-step" response to class actions in order to avoid protracted litigation and unnecessary costs as well as to reduce the inherent leverage of class action plaintiffs.

Representative
Matters

Represented a multi-state employer against class action claims for unpaid wages, overtime, meal and rest period violations, and related penalties and claims on behalf of California employees.

Defended a large general contractor/builder of heavy construction – including infrastructure, highway, bridges, dams, etc. – against class action claims for unpaid meal period, waiting time penalties, and violation of California's Unfair Competition Law.

Defended against class action and certification of class of construction employees alleging nonpayment of prevailing wages for work performed on distribution center construction.

Attorneys &
Paralegals

Name Title City Phone  
Hamidi, Ali P. Partner San Francisco 415.262.5106
  • email
  • vcard
  • LinkedIn
McKenzie, Dwayne Partner Los Angeles 310.284.2279
  • email
  • vcard
  • LinkedIn
Miller, Jr., John S. (Rocky) Partner Los Angeles 310.284.2235
  • email
  • vcard
Noneman, Charles E. Partner Los Angeles 310.284.2236
  • email
  • vcard
  • LinkedIn