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Wage & Hour/Class and Collective Actions

Krukowski & Costello , S.C. represents employers regarding all aspects of state and federal wage and hour law, including employee classification, payroll records, and minimum wage and overtime.  We have worked closely with employers to review and draft their employment policies, conduct compliance audits, and defend wage and hour claims before administrative agencies and in state and federal courts. 

Although wage and hour lawsuits have historically been brought by, or on behalf of, single employees, there has been a recent explosion of class and collective actions, whereby claims are made on behalf of large numbers of employees.  These claims have been made for such things as inaccurate wage statements, untimely pay, missed rest and meal periods, misclassification, and off-the-clock work.  The challenges presented by these cases can be daunting, and the stakes are high.  Given the potentially huge class sizes, settlement demands and judgment awards grow exponentially when compared to individual claims, often reaching tens of millions of dollars. 

Krukowski & Costello , S.C. has successfully defended numerous class and collective actions for our clients across the country, including, for example:

  • A matter filed in federal court as a class and collective action on behalf of a nationwide class of more than 1200 mortgage loan officers.  After successfully transferring venue, we set to work defending the plaintiffs’ claims of unpaid off-the-clock overtime in violation of the FLSA.  After strategically avoiding the more lenient certification standards applicable to FLSA claims, and successfully opposing Plaintiffs’ bid for class certification, we were able to negotiate a favorable settlement for our client, requiring only a nuisance payment to the four named plaintiffs and the eight other individuals who had filed opt-in consent forms.

  • A matter filed in federal court as a class and collective action on behalf of a statewide class of more than 300 employees.  The Complaint asserted nine separate Causes of Action against our client, including unpaid overtime wages, missed rest and meal periods, and waiting time penalties.  By convincing opposing counsel of the difficulties associated with establishing their claims, we were able to secure a favorable settlement for our client, requiring only a nuisance payment to the lone named plaintiff.


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© Krukowski & Costello, 2010 Disclaimer: Krukowski & Costello, S.C., presents this information for educational purposes only. While this information is about legal issues, it is not legal advice. For legal advice about specific legal cases, consult your attorney, or call (414) 423-1330 and ask to speak to an attorney at Krukowski & Costello, S.C.