Watching the Clock: Wage and Hour Risks in the Retail Industry

Wage and hour lawsuits filed under the Fair Labor Standards Act (FLSA) have risen over 400 percent since 2000 and there’s no sign of a slowdown of this pace, with private plaintiffs’ firms capitalizing on ambiguous regulations and employers unaware of the nuances of the law. Whether it is a matter of store managers contesting their “exempt” status or employees working “off the clock,” the retail sector is a particularly vulnerable target. Kelley Drye Labor and Employment Practice Chair Barbara Hoey discusses the risks faced by retailers in this era of skyrocketing litigation, what the future may hold and how to avoid being on the receiving end of a wage and hour class action. 

Learning Objectives: 

I.       Understand the Department of Labor's initiatives and focus 

II.      Ensure you are classifying “employees” and “contractors” correctly 

III.     Recognize what time must be paid and if you are capturing all “hours worked” 

IV.     Learn what the plaintiffs’ class action bar is targeting