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, statistics and datasets, discrimination claims, 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 labor and employment-related disputes.

Our professionals have been recognized for their expertise and testified 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 was engaged by counsel in a class action in which 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, assuming liability.

Determination of Unpaid Wages for Hours Worked

Hemming Morse was engaged by 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 analyzed the accounting and human resources system to evaluate whether earned wages had been paid, as well as calculating penalties and interest, for more than 200 employees.

Calculation of Damages for Employees Classified as Independent Contractors

A class of employees sued a Fortune 500 Company for improperly classifying employees as independent contractors. Hemming Morse was retained by to assist in calculating the amount of damages resulting from the alleged improper characterization. Our team’s work in calculating damages also included analysis of unpaid out-of-pocket expenses.