Wage and Hour

FortneyScott represents and counsels employers and government contractors in complying with the Fair Labor Standards Act (FLSA), the prevailing wage laws, including the Service Contract Act (SCA) and Davis Bacon Act (DBA), and other federal, state, and local wage and hour laws, including:

• Advising and representing employers facing audits by the U.S. Department of Labor (DOL)’s Wage and Hour Division and state and local agencies;
• Securing Opinion Letters and compliance guidance from DOL’s Wage and Hour Administrator; 
• Conducting wage and hour compliance self-audits on an attorney-privileged basis, including making assessments and recommendations regarding remedial steps for compliance and related communications to managers and the workforce, in order to minimize potential legal risks and exposures;
• Counseling clients with respect to policies and procedures to ensure FLSA compliance, including the proper classification of workers as employees or contractors; determining whether positions are exempt or non-exempt from overtime; advising on the overtime requirements for non-exempt employees; and the compensation practices for exempt employees, as well as on compliance with the time and record keeping requirements;
• Counseling federal contractors on compliance with the prevailing wage and benefit requirements of the SCA, DBA, and related prevailing wage acts;
• Testifying on numerous occasions before the U.S. Congress and before a state legislative committee in support with regard to DOL regulations; and
• Providing training on compliance with FLSA, SCA, DBA and related wage-hour laws and regulations.

FortneyScott’s attorneys all have significant wage and hour compliance experience, including attorneys who formerly held senior legal positions at DOL’s Office of the Solicitor, and had significant responsibilities for the enforcement of the FLSA, and other wage and hour statutes enforced by DOL.