Cases
Experience: Representative Matters: Successful representation of fast-food restaurants in Texas in a Wage-Hour investigation. The agency originally dem
ed approximately $1.5 million in back wages
another $1.5 million in liquidated damages,
proposed another $250,000 in civil money penalties. After lengthy negotiations, the case was closed with a total payment of $50,000 (or about $0.015-cents on the dollar). 2018
Successful wage dispute settlement. A Houston-area employer was investigated by the Wage
Hour Division of the U. S. Department of Labor ( DOL ). DOL told the employer it was in violation of the overtime provisions of the Fair Labor St
ards Act ( FLSA ), the federal minimum wage
overtime law,
owed in excess of $500,000 in back wages. The company's local counsel called in Brian Farrington of Cowles
Thompson. Brian got the case settled for $45.00. The client
local attorney were pleased with the outcome. 2013
FLSA: Represented hundreds of employers in FLSA investigations conducted by U.S. Department of Labor, Wage
Hour Division. In addition, Brian has represented employers investigated under the Davis Bacon Act (DBA), Service Contract Act (SCA), Migrant
Seasonal Agricultural Worker Protection Act (MSPA), etc. In almost every case, reduced or eliminated back wage liability
avoided litigation by USDOL/WH. Clients range from small mom
pop businesses to Fortune 500 companies.
Advises several regular retainer clients on Wage-Hour, EEO, workers comp, unemployment
other matters. He assists with personnel actions such as discipline, terminations
layoffs. He also drafts
reviews policies, h
books
manuals.
Engaged to review FLSA status of companies, particularly exempt/non-exempt classifications, hours worked issues,
proper computation of overtime.
He has knowledge
experience in child labor issues.
Brian has developed unique knowledge
experience in DBA/SCA matters. (Few private sector attorneys are familiar with government contracts wage st
ards.)
Successfully negotiated Civil Money Penalties in FLSA, child labor,
MSPA cases.
Often hired by other lawyers to assist them in FLSA cases. He has assisted other lawyers in drafting pleadings, interrogatories, RFPs, RFAs, MSJs,
appellate briefs.
EEO: Brian prepares dozens of position statements annually in response to EEOC/state discrimination
harassment charges.
He has attended mediations representing clients
has a very successful track record of resolving difficult cases.
Assists with personnel actions such as discipline, terminations
layoffs as well as draft/review of policies, h
books
manuals.
OTHER: Additional experience responding to complaints under OSHA 11(c), state wage payment laws.
Conducted I-9 reviews for companies internally,
to comply with higher-tier contract obligations.
EXPERT WITNESS: Mr. Farrington has been engaged as an expert witness in more than 80 FLSA cases in federal
state court.
U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION - Experience: Investigator/Compliance Officer in Chicago from 1975 to 1982, with 18 months off to pursue graduate studies. Became a Senior Investigator/Compliance Officer in 1981.
In 1982, transferred to Ft. Worth,
continued as an Investigator until 1984.
As an Investigator, he conducted 500-600 full Wage-Hour investigations, along with another 300-400 more limited enforcement actions.
Promoted to Assistant District Director in the Dallas District Office of Wage-Hour in 1984.
Directly responsible for the District Office's enforcement program,
directly supervised between 12
16 subordinates. Involved in hiring, training, evaluating,
disciplining of the Investigators who reported to him.
Supervised some 5,000 investigations.
As Assistant District Director required to know the FLSA
other laws enforced by the Wage-Hour Division thoroughly. Responsible for determining in each case whether the law was properly applied by the Investigator, whether the evidence was adequate to support the Investigator's conclusions,
whether back wages had been calculated properly. When cases could not be settled at the Investigator level, conducted second level negotiations to attempt secure from employers
their representatives agreements to comply with the law
pay back wages. When necessary, made the decision that litigation by the Government was appropriate,
sent the file to the Regional Solicitor of Labor with that recommendation.
