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Practice Area

Wage & Hour

Wage & Hour Defense for Employers – Collective Actions, DOL Investigations, and Compliance Audits

Our attorneys are leaders in the state in the defense of wage-hour collective actions. As this litigation has increased, we have effectively represented a number of our clients in such actions in federal and state courts in Arkansas. Our attorneys have also been responsible for the drafting of recent Arkansas legislation, which has changed state minimum wage/overtime laws to be more consistent with federal laws, thus making compliance more efficient.

With our knowledge of the basis for wage and hour lawsuits and investigations, we can help you audit your pay practices to make sure that you have properly classified employees as exempt or non-exempt or as employees versus independent contractors, help you ensure that employees are not working “off the clock,” and can advise on all other compliance issues that are the focus of attorneys filing wage and hour collective actions.

We can help multi-state employers minimize class action litigation by drafting arbitration agreements with class action waivers.

Our lawyers have extensive experience in handling wage hour investigations with the United States Department of Labor and Arkansas Department of Labor as well as litigating wage and hour claims in federal and state court. Our firm has an unparalleled record in negotiating favorable settlements or withdrawals of DOL investigations. We also obtained one of the few recorded awards of attorney’s fees against the U.S. Department of Labor on behalf of one of our clients.

Areas of Focus

Wage & Hour Class and Collective Action Defense

Our attorneys are recognized leaders in defending employers against wage-and-hour collective and class actions under the Fair Labor Standards Act (FLSA) and Arkansas state law. We represent clients across industries in disputes involving misclassification, overtime, and “off-the-clock” work claims, focusing on efficient resolutions that protect business continuity.

Department of Labor Investigations

We have extensive experience handling investigations conducted by the U.S. Department of Labor (DOL) and the Arkansas Department of Labor. Our team guides employers through audits, ensures compliance, and has successfully negotiated favorable settlements and dismissals—including securing one of the few recorded awards of attorney’s fees against the DOL.

Pay Practice Compliance and Audits

We proactively help employers audit their pay practices to ensure proper classification of employees and independent contractors, accurate overtime calculations, and compliance with both federal and state wage laws. Our preventive approach helps clients minimize risk and avoid costly litigation.

Arbitration Agreements and Class Action Waivers

To mitigate potential exposure, we assist multi-state employers in drafting and implementing enforceable arbitration agreements and class action waivers. These agreements provide a strong defense tool against large-scale wage-and-hour claims while maintaining compliance with evolving legal standards.

Summary
  • Collective Action Defense: Lead defense counsel in wage-and-hour collective and class actions in Arkansas state and federal courts.
  • Proactive Compliance Audits: Review and refine pay practices, classifications, and “off-the-clock” risks to help prevent claims before they arise.
  • DOL & State Investigations: Navigate U.S. Department of Labor and Arkansas Department of Labor audits with a strong record of favorable resolutions and withdrawals.
  • Arbitration & Class Waivers: Draft and optimize arbitration agreements with class action waivers for multi-state employers to limit litigation exposure.
  • Legal Insight Shaping the Law: Counsel who have helped draft Arkansas wage and hour legislation, giving clients inside understanding of evolving requirements.
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