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Wage and Hour

Overview

Schwabe’s experienced wage and hour team has handled hundreds of disputes and prevented many more from ever starting.

Avoiding high-risk litigation

Wage and hour lawsuits are expensive and seldom covered by insurance. Our team focuses on helping clients comply with wage and hour laws in order to prevent these disputes altogether. Through cost-effective compliance, our clients become more valuable and less vulnerable to attack.

Skilled advocacy in court

When litigation is necessary, we draw on the resources of our full-service law firm's deep employment litigation experience. We have obtained successful outcomes for clients in hundreds of wage and hour cases, including both class actions and individual claims. 

Protecting value in the sale of a business

Given the high exposure of wage and hour litigation and the liability of successor employers, most buyers pick apart a company’s wage and hour practices during due diligence. Schwabe helps sellers increase their value by auditing and correcting wage and hour issues before due diligence begins, including overtime payments, independent contractor classifications and classification of employees as exempt from minimum wage and overtime laws. We also work with buyers to identify potential issues and uncover hidden risk. 

Experience

  • Won a defense verdict for a service-industry client in which the plaintiff alleged wage-claim retaliation.
  • Handled approximately 18 wage and hour class-action cases in Washington and Oregon.
  • Obtained a summary judgment for a defendant and against multiple plaintiffs alleging wage and hour violations under the FLSA, on grounds that they were subject to the Motor Carrier Act exception.
  • Represented clients facing charges that they failed to pay wages before Oregon and Washington administrative agencies (BOLI and L&I) along with the federal Department of Labor. 
  • Defeated BOLI in claims for violations of Oregon’s prevailing wage laws.
  • Increased the value of a company prior to its sale by reclassifying some workers and obtaining agency decisions that others were properly classified as independent contractors. 

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