Labor and Employment

Hemming Morse has advised large corporations, government agencies and both classes of and individual employees in a wide array of labor-related disputes. As a result, we are deeply familiar with the complex issues involved in these matters, including back and overtime pay, penalties for violations in wage and hour and wrongful termination cases, and the numerous complexities surrounding trade secret misappropriation claims. Our breadth of knowledge and targeted experience enables us to provide expert consultation on the development of effective strategies for resolving these and other complex disputes.

Our professionals have been recognized for their expertise in a wide array of matters involving damages in wrongful termination and discrimination matters, class certification, wage and hour disputes, as well as disputes involving theft of trade secrets and other fiduciary breaches.

Representative Matters

Calculation of Damages for Overtime Pay Violations

Hemming Morse team calculates approximately $124 million damage award for employee class based on overtime pay violations.

Hemming Morse was engaged by plaintiffs’ counsel in a class action where 2,400 employees sued Farmers Insurance Exchange for overtime pay violations. After analyzing the nature and extent of such violations, we calculated the damages and related penalties and interest at more than $124 million, which was ultimately the approximate amount awarded by the jury.

Determination of Unpaid Wages for Hours Worked

Hemming Morse finds inaccuracies in employer’s payroll records, calculates unpaid wages and penalties awarded to employees.

Hemming Morse was engaged by plaintiffs’ counsel to analyze the employer defendant’s books and records to determine if the defendant was properly tracking hours for and paying wages to employees working under a contract with the city of Alameda, California. Our team ultimately determined that the defendant had not kept accurate payroll records with respect to the hours worked under the contract, and, as a result we were further retained to calculate unpaid wages on all hours worked, as well as related penalties and interest, for more than 200 employees. The California Superior Court in Alameda County awarded plaintiffs the entire amount as calculated by Hemming Morse.

Calculation of Damages for Employees Misclassified as Independent Contractors

Hemming Morse contributes to substantial award for employees in decision boasting national implications.

A class of employees sued Fortune 500 Company RPS, Inc. for improperly classifying employees as independent contractors. Hemming Morse was retained by plaintiffs’ counsel to assist in calculating the amount of damages that the employee class suffered as a result of the company’s elaborate efforts to characterize employees as independent contractors. Our team’s work in determining damages related to unpaid out-of-pocket expenses helped to achieve a favorable decision and a substantial damages award for the plaintiffs. The scope and magnitude of this decision has national implications.