Wage & Hour Class Actions

Stradling's labor and employment practice group has vast experience and a stellar track record in defending wage and hour class action lawsuits against employers in a wide range of industries. Collectively, we have defeated more than 90% of all the class certification motions that we have opposed in class action lawsuits in state and federal court.

We have handled class actions involving anywhere from a few hundred to tens of thousands of potential class members, with potential exposure reaching into the tens of millions of dollars. We have represented employers in a wide range of industries, including restaurants, healthcare institutions, software, manufacturing, construction, and electronics.

We have dealt with every imaginable issue that arises in the wage and hour context, including class action claims for:

Meal and rest period violations
Overtime claims based on challenges to exempt status
Off the clock work, including travel time and preparatory activities
Business expense reimbursement, uniforms, and safety equipment
Reporting pay, split shift premiums, and incentive compensation plans
Seating requirements

We are also expert in conducting internal audits and advising employers on how to minimize the risk of a class action. By conducting confidential internal audits, we help employers identify potential problems before they become lawsuits, such as improperly classified employees, flawed time keeping and payroll practices, or inaccurately worded personnel policies.

Even after a class action lawsuit has been filed, we can greatly reduce potential exposure by conducting an internal audit, and preparing the case for settlement through mediation. On several occasions, we were brought in to assist existing counsel on the eve of a class certification motion, and succeeded in obtaining a favorable settlement through mediation.

Wage and hour class actions are a threat to employers of all sizes and in all industries. We can help any employer navigate this minefield, and minimize their risk and expense, even after the suit has been filed.

Multi-State Health Provider Successfully Navigates Class Action Settlement

Global Retailer Successfully Navigates COVID-19 Hazard Pay Class Action

Global Retailer Successfully Defends Bag Check Class Action

Cannabis Cultivator Defends Against Wage & Hour Class Action

Global Retailer Secures Denial of Class Certification in Wage & Hour Class Action

ExxonMobil Secures SCOTUS Victory in Wage & Hour Suit

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California Supreme Court Decision: Federal De Minimis Principle Does Not Apply to State Wage and Hour Claims

Jeff Dinkin, chair of Stradling's Employment Law practice group, and associate John Wicker want to inform you on a recent Supreme Court decision. On July 26, 2018, the California Supreme Court issued a unanimous opinion holding that the de minimis principle under the federal Fair Labor Standards Act does not apply to wage and hour claims brought under state law.

New California Supreme Court Decision on Independent Contractor Status

Jeff Dinkin, chair of Stradling's Employment Law practice group, and associate John Wicker want to inform you on a recent Supreme Court decision on independent contractor status. On April 30, 2018, the California Supreme Court issued an 82-page opinion establishing a new test for determining whether individuals are properly classified as independent contractors under the California wage orders.

Client Alert - Court Enjoins Implementation of New Federal Salary Requirement for Exempt Employee Status

Stradling shareholder Jeff Dinkin wants to inform you that today, November 22, 2016, U.S. District Judge Amos Mazzant issued a nationwide injunction that blocked implementation of the new federal salary standard for employees to qualify as exempt under the salary basis test. This means that employers do not have to pay exempt employees a minimum salary of $47, 476 as of December 1 to retain exempt status.