Underberg & Kessler attorney Ryan T. Biesenbach shared his perspectives on the increase in wage and hour disputes in a recent Rochester Business Journal article titled “Wage and hour litigation rises sharply in New York.”
Ryan described that wage and hour claims are one of the most active areas of employment litigation in New York. “Wage and hour claims are highly attractive to plaintiffs’ counsel because damages can be aggregated across groups of employees; both federal and New York law allow for liquidated damages (100%), attorneys’ fees, and statutory penalties; and liability is often document-driven rather than credibility-driven,” Ryan said. He further explained that mid-sized employers are particularly vulnerable because they often outgrow informal HR practices before implementing fully compliant policies and procedures.
To reduce exposure, Ryan recommended proactive operational changes, including periodic wage and hour audits to review exempt classifications and confirm that salary thresholds and duties meet legal requirements. Employers should strengthen timekeeping systems, require employees to attest to time accuracy and train managers and supervisors on legal obligations and company practices. “And, importantly, document everything with respect to employee time and attendance: as New York employers, there are strict record-keeping requirements with respect to employee pay and claims are won and lost in many cases on the availability of accurate, contemporaneous records,” he said.
Ryan is an Associate in Underberg & Kessler LLP’s Litigation and Labor & Employment practice groups. He focuses his practice on civil and commercial litigation and labor & employment law, including the development of employment policies, discrimination and harassment claims, wage and hour issues, employee benefits claims, and compliance with state and federal labor laws.
To view the full article, reprinted with permission from Rochester Business Journal, click here.
