Representing Employees In Wage And Hour Disputes
The Tennessee law firm of Branstetter, Stranch & Jennings, PLLC, represents working men and women, either individually or as part of a collective action, alleging violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA) as well as other state and federal statutes.
Our attorneys litigate cases involving a broad spectrum of wage and hour violations, including:
- Misclassifying employees as “exempt” and failing to pay them overtime
- Failing to pay nonexempt employees for overtime, including overtime not approved in advance
- Allowing time worked “off the clock,” such as requiring employees to arrive early to perform necessary preparations for work or stay late to perform duties such as “closing up” after punching out, and not paying employees for donning and doffing (putting on or taking off specialized work clothes and equipment)
- Granting compensatory time off to nonexempt employees in lieu of overtime pay
- Making automatic wage deductions, such as from exempt-employees’ salaries for part-day absences, or from nonexempt employees’ pay for meal breaks when they do not clock in or out for those breaks
- Failing to pay overtime to independent contractors when they qualify for “employee” status under the law
- Overlooking and violating exemption requirements under Tennessee law, which may be more stringent than the FLSA
Staying Up To Date With FLSA Changes
The Fair Labor Standards Act is the backbone of federal wage and hour law, regulating minimum wage, overtime pay, equal pay and child labor. Its overtime requirements are the most significant contributor to wage and hour violations and litigation. Under the FLSA, plaintiffs can recover double the amount of actual damages and attorneys’ fees.
However, the FLSA is not set in stone. The law changes, and success in litigation depends heavily on staying on the cutting-edge of these changes and of developing case law. Clients can count on our law firm to remain current at all times.
Our Clients Come From Nearly Every Industry
Our lawyers have litigated cases on behalf of employees in virtually every business sector. Most recently, we have represented:
- Employees of environmental clean-up company BNFL, Inc., in Oak Ridge, Tennessee
- School bus drivers for the City of Clarksville, Tennessee
- Workers at the Nashville facility for communications provider Sprint, Inc.
- Employees at Comcast, Inc.
- Pharmaceutical drug representatives all over the nation