Thomas Stilp, JD, MBA/MM, LLM, MSC
Wage-and-hour liability is a numbers game. It’s about your data.
And despite the nuances, it’s also fairly straightforward. You either violated wage-and-hour laws or you didn’t.
When a plaintiff’s lawyer comes in, it’s all about the documentation you have: “Did you properly pay people for overtime? Yes or no? Were meal and rest breaks being taken properly? Yes or no? Show me the documentation.”
Don’t have the documentation? Now the benefit of the doubt goes to the employee.
Your best bet: Put a compliance program in place right now. Much like harassment laws, consistently training managers about the law and enforcing it can arm you with an affirmative defense should an employee sue your business.
Your executive team will expect you to understand what the Department of Labor rules say.
Experienced legal counsel will help your business comply.
