Abstract:
This chapter provides an overview of wage and hour litigation in the United States, with a focus on how industrial-organizational (I-O) psychology methods can be applied in these cases.
Key topics covered:
- Relevant federal and state laws regarding overtime exemptions, independent contractor status, off-the-clock work, and meal/rest breaks
- Common types of wage and hour violations and allegations
- Methodologies used by I-O psychologists to analyze jobs and collect data in wage and hour cases, including job analysis questionnaires, observations, structured interviews, and document analysis
- Sampling considerations and levels of specificity in job analysis for wage and hour litigation
- Types of analyses performed at the class certification and merits stages
- Case studies demonstrating the application of I-O methods in executive exemption, meal/rest break, and off-the-clock work cases
- Legal commentary on the role of I-O experts in wage and hour litigation
The chapter highlights how I-O psychology techniques can provide critical evidence to help courts determine proper employee classification, evaluate the appropriateness of class certification, and assess compliance with wage and hour laws. It serves as a practical guide for I-O psychologists and attorneys involved in wage and hour cases.
Publication date:
June 10, 2015
Publication type:
Book Chapter
Citation:
Hanvey, C.M., and Banks, C.G. Wage and hour litigation. In C. Hanvey and K. Sady (Eds.) Practitioners’ Guide to Legal Issues in Organizations. Springer, 2015.
