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August 18, 2010
Responding to Wage and Hour Violations

In a BLR webinar entitled ‘High-Tech Workers: Who’s Entitled to Overtime and Who’s Not; Avoid the Top 5 Most Common Mistakes’, Allen Kato discusses how organizations should respond to wage and hour violations. He provides the following information regarding wage and hour violations:

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  • If an organization feels that an error has been made regarding worker classifications, consult with an attorney and immediately correct erroneous classifications. The attorney can also provide information regarding which positions are exempt or non-exempt. Once an attorney has been involved in the internal discussions, the discussions will then be cloaked under the attorney-client privileged
  • Determine what, if any, past compensation is owed to date. The attorney can also help to achieve this task
  • Designate one individual internally as the point person for handling wage-and-hour complaints. This is an important and critical step. This will ensure that any complaints are handled consistently and efficiently. This will be better than an ad hoc approach

Allen M. Kato, Esq., is an attorney in the San Francisco, California office of law firm Fenwick & West, LLP ( His practice concentrates exclusively on representing management in wage and hour, equal employment opportunity, unfair competition and trade secret matters, and privacy matters; and litigating individual and class action wage and hour, wrongful discharge, employment discrimination, and unfair competition matters before courts and agencies. He also trains managers and HR professionals on a regular basis.

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