Scott Rogoff, a member of Barclay Damon’s Labor & Employment Practice Area and leader of the firm’s Hotels, Hospitality & Food Service Team, was featured in the Rochester Business Journal article “Wage and Hour Litigation Rises Sharply in New York” about how wage and hour disputes continue to be one of the most active areas in employment law in New York State.
Scott highlighted the growing frequency of these disputes, particularly class and collective actions. “It’s gone up dramatically, there’s no doubt about it,” he said. While these matters were once more isolated, he noted a significant shift: “In the past, it was a one-off. But we’re seeing a lot more class claims.”
Unlike discrimination and harassment cases, wage and hour cases often turn on straightforward financial calculations, which can make them especially attractive to plaintiffs’ counsel. “It’s direct money, and it’s easily calculable,” Scott said, noting that alleged unpaid overtime, for example, can typically be determined through payroll records and hours worked.
Scott also emphasized employee classification as a primary area of risk. He advises employers to conduct a practical review of their workforce by identifying who is classified as an employee versus an independent contractor, and among employees, who is exempt versus non-exempt. “If you don’t meet all of the requirements, we need to make some adjustments,” Scott said. “You can’t ignore this.”
The article underscores Scott’s guidance that proactive audits, improved timekeeping practices, and careful attention to classification requirements are essential steps for employers seeking to mitigate risk in an increasingly active litigation environment.
Rochester Business Journal subscribers can read the full article here.