Wage and Hour Litigation

Stevenson Marino LLP is deeply aware of the specific nuanced wage and hour issues affecting employers and employees.

For Employers
For Employees

For employers – pre-litigation:

The Firm has developed innovative strategies that have proven consistently effective in preventing and limiting exposure for our clients. It is far better to engage us before litigation to audit your practices and determine what, if any, liability exists.  Thereafter, we can develop Defensive Employment Strategies to ensure that you are complying with the law and can help you defend a future wage and hour claim.  Employers far too often believe that paying people properly means that they will be victorious in a wage and hour lawsuit.  The fact is that employers need to go the extra mile to cross all “t”s and dot all “i”s in order successfully defend a wage and hour lawsuit.  We have successfully limited employers’ liability by implementing the right policies and procedures that not only ensure the proper wage and hour compliance – but employ strategies to document same.

Wage and Hour Audits

Justin R. Marino has been engaged throughout his career to audit various employer’s practices.  Whether it is the highest-end restaurants in Manhattan and the Hamptons to mom and pop business, there is typically always room for improvement.  Notably, retaining our Firm to audit your practices will provide you with our legal opinion – which can support available good faith defenses in litigation. This can be significant, as an employer’s ability to prove a good faith basis for their employment practices can eliminate an award of 100% liquidated damages under New York State and the Fair Labor Standards Act.  We conduct wage and hour audits, both targeted and all-encompassing, for all types and sizes of employers. We conduct audits in every industry, including hospitality, construction, manufacturing, financial services, energy, health care, restaurant, insurance, transportation, retail, telecommunications, and technology.

Governmental Investigations

Justin R. Marino represents clients in investigations by the United States Department of Labor and state labor departments on an ongoing basis. Due to substantial experience working with both federal and state labor officials, our attorneys are well positioned to counsel clients on what to expect during an investigation and which approach will be most effective to obtain a favorable resolution.

For employers – post-litigation:

More often than not, our attorneys are brought in after litigation has commenced.  Fortunately, Justin R. Marino has significant experience litigating wage and hour disputes and has litigated dozens and dozens of cases during his career.  We have successfully litigated cases across the wage-and-hour spectrum, from claims for alleged misclassification of exempt employees, off-the-clock work, and meal and rest period violations, to travel and commuting time violations. Justin R. Marino has represented employers across numerous industries, including finance, banking, restaurant, retail, health care, trucking, manufacturing, and construction. We have practical knowledge of the nuanced difficulties affecting each industry and the resulting difficulties in complying with wage and hour issues.  Our attorneys can provide the unique and strategic assistance tailored to each employer/industry.