Labor and Employment Attorney in Dallas, TX

Our talented attorney bring many years of experience in employment litigation including jury trials, bench trials and administrative hearings under federal and state employment law statutes. Specifically, we offer litigation experience in retaliation cases, collective actions, claims under Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act and many other federal and state statute.

Our attorneys have extensive experience in a number of different arbitration forums under private arbitration agreements (e.g. AAA). We have represented employers and tried cases in state and federal courts involving a broad spectrum of employment-related issues, including, without limitation, compliance with Title VII, Chapter 21 of the Texas Labor Code (the “Texas Commission on Human Rights Act”) (and other state EEO statutes), the Equal Pay Act, the Family and Medical Leave Act, the Americans With Disabilities Act, Worker Adjustment Retraining and Notification Act, the Fair Labor Standards Act, matters involving unlawful discrimination in termination, hiring, initial placement, equal pay, promotion, discipline, sexual, racial, national origin and other kinds of harassment, layoff, retaliation, severance pay and claims for breach of contract, unfair competition, theft of trade secrets, enforcement of non-compete agreements, whistle blowing, workers’ compensation retaliation, intentional infliction of emotional distress, invasion of privacy, defamation, and other work-related tort claims.

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Wage and hour disputes can sometimes be bet the company type disputes that result in significant, multi-million dollar judgments against even the most sophisticated companies. Allegations involving improper wage practices can turn into collective and class action lawsuits encompassing former and existing employees who never made any prior complaints, but are aggressively pursued by their legal counsel. Wage and hour plaintiffs often seek back wages for three years, a double recovery for liquidated damages and attorneys’ fees. Some courts have held that senior management and company executives can be held personally liable for any wage-hour violations.

The attorneys at Ritter Spencer Cheng PLLC defends collective action lawsuits, as well as Department of Labor audits involving wage-hour disputes and misclassification concerns. We acknowledge the significant risks facing employers in this area of the law. As a result, we have a group of lawyers to defend clients in wage-hour proceedings.

One of the key milestones in any collective or class action wage-hour lawsuit is the conditional certification stage. If a case can be disposed of or limited in scope before certification, a company is likely to avoid, or at least reduce, the possibility of copycat lawsuits across the country by plaintiffs’ attorneys who regularly monitor newly filed wage-hour cases. Moreover, defeating or limiting the scope of conditional certification of the class provides clients with the opportunity to explore a favorable settlement.

Companies facing wage-hour litigation should partner with a law firm like Ritter Spencer Cheng that has the depth and experience to provide a strident defense in this highly specialized area. In turn, we understand our client’s objective to achieve the most efficient and best practical solution for its business. Our ability to recognize and work closely with the business needs of our clients has enabled our team to achieve an established record of excellent and cost-effective results. Our experience includes cases involving:

• Overtime calculation, establishment of regular rate of pay, and flexible work week
• Independent contractor versus employee status (misclassification)
• Professional exemptions
• Retail sales commissions and the outside sales exemption
• Bonuses and commissions
• Tipped employees, including tip pools and the tip credit
• Meal periods and rest breaks
• “Off-the-clock”
• Work preparation
• On-call and travel time

Government contracting presents numerous opportunities for business growth. However, exposing employers to extensive government oversight over relationships with their employees is a concurrent risk. To assist our clients in navigating this ever-changing regulatory web, Ritter Spencer Cheng PLLC routinely counsel government contractors on their affirmative action obligations under Executive Order 11246, Section 503 of the Rehabilitation Act, and Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). Specifically, our lawyers have extensive experience preparing affirmative action plans (AAPs) in joint collaboration with external vendors, and providing strategic advice regarding compliance best practices. We help our clients track and collect extensive data. We also regularly provide training programs to ensure our clients have up-to-date information about new regulatory requirements and Office of Federal Contract Compliance Programs (OFCCP) enforcement trends and an understanding of ways they can increase the likelihood that any OFCCP inquiries end positively.

In the event of an audit, our lawyers are fully prepared to handle or assist our clients with the response to the OFCCP. We have the experience to prepare clients in advance for such audits, including conducting internal audits to identify problem areas, so clients have the peace of mind and confidence they need in the face of an otherwise stressful process. Our approach to representing employers in matters involving the OFCCP is to be fully prepared, firm and professional with agency representatives, ensuring that our client’s position of compliance is forcefully and convincingly presented.

Continuous learning is pivotal in our community’s  progressive business landscape. Our firm ensures that corporate training and development initiatives align with legal standards. We champion the cause of growth while ensuring legal compliance. As our communities  cements its position as a nexus for business and innovation, we assist companies in their quest to enhance their workforce’s skills, ensuring training initiatives are both legally sound and beneficial for the broader business community.