工资及工时争议

Our employment attorneys stand ready to assist you with all of your wage-and-hour matters, 包括记录, “安全港”政策, 加班时间计算, 劳工部调查, 和诉讼, 包括个人和集体行动.  We are also available to work with you to prevent and deal with issues arising from employee/contractor classification, including auditing your contractor agreements and dealing with agency investigations.

最低工资和加班索赔

The Fair Labor Standards Act (“FLSA”) and the recently enacted Virginia Overtime Wage Act (“VOWA”) establish a minimum hourly wage for employees in the state as well as overtime pay for certain qualifying employees. Employers often have difficulty navigating the confusing statutory requirements regarding qualifications for overtime pay and calculating overtime pay for those that are covered by FLSA and VOWA.  Our employment team can help you comply with the law by auditing your workforce to determine which employees are exempt from overtime requirement, as well as reviewing your compensation procedures to make sure you are properly paying your employees.

独立承包商分类错误

Independent contractor misclassification has become a hot topic in recent years.  美国国税局创建了一个20因素分析, which has also been adopted by Virginia law, that is used to determine whether a worker is a contractor or employee. 劳工部也有自己的标准, seven-factor “economic realities” test it uses to make that determination for enforcement of the Fair Labor Standards Act.  错误地将雇员归类为承包商, employers open themselves us to claims for back taxes, 拖欠工资, 还有自费医疗费.  Our employment attorneys can help you audit your contractor classification decisions and structure your contracts to protect you against possible misclassification.

记录保存和工资合规

不管你的生意有多大, keeping accurate and organized employee records is essential – particularly those records related to personnel, 工资, 还有医疗档案. There are statutes and regulations that mandate preservation of some records, while other records are necessary for the company’s defense should an employee make an employment-related charge or file a lawsuit. Our attorneys can assist you with establishing 工资 and recordkeeping policies that are legally compliant and necessary.

Payroll compliance is another area where employers can get in trouble.  无论是决定加班, or drafting 工资 “safe harbor” provisions that can protect you if a mistake is made, our attorneys can assist you with making sure your employees are timely and accurately paid.

What are the legal requirements for minimum wage and overtime?

In Virginia, the minimum wage is currently $12.00 /小时.  Unless an employee qualifies for an exemption under the Fair Labor Standards Act, he or she must receive overtime pay for hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rates of pay.

What are the legal requirements for meal and rest breaks?

Neither federal or Virginia law require that employers provide their employees with breaks for meals or rest.

What are the legal considerations for independent contractor misclassification, 我该如何为索赔辩护呢?

The best way to defend against contractor misclassification claims is to have a qualified attorney perform an audit of your contractor relationships.

What are the legal requirements for recordkeeping and 工资 compliance, 我怎样才能保证他们遵守?

There are a number of legal requirements for recordkeeping and 工资 compliance.  例如, the IRS requires that you keep all employee tax records for at least four years, and the EEOC requires employers to keep all personnel and employment records for a period of one year after the date of termination.  A qualified attorney can assist you with creating and maintaining legally compliant 工资 and record keeping policies.

澳门十大正规网赌网址 & 十大正规网赌网址’s employment team stands ready to assist employers in creating and maintaining legally compliant wage payment policies.  We are also prepared to defend employers on “wage and hour” matters before government agencies and the court.