Salvador P. Simao

His litigation experience includes representing employers in wage and hour class actions, non-compete claims and ERISA cases.  Sal also provides Fortune 500 companies day-to-day employment law advice in developing compliance auditing tools, developing informal partnership agreements between the U.S. Department of Labor (DOL) and Fortune 500 companies and training executives, human resources personnel and managers.

Earlier in his career, Sal was a Trial Attorney with the Office of the Solicitor of the DOL.  During his time with the DOL, he litigated a number of novel and high profile wage and hour cases.  He also negotiated several unique settlements, securing remedies that were otherwise unobtainable under wage and hour statutes and which served as models for future settlements.  Sal successfully represented the DOL in Sereboff v. Mid-Atlantic, 407 F.3d 212 (4th Cir. 2005); which was later affirmed by the U.S. Supreme Court. While at DOL, Sal won several of awards including being the youngest attorney at the time to win the attorney of the year award and several Secretary Exceptional Achievement Awards.

Recent Experience

• Recently served as lead trial counsel in the US District Court, New Jersey defending a Motor Carrier in a Fair Labor Standards Act lawsuit involving the misclassification of owner operators as independent contractors.  
• Recently conduct full wage hour audit of Fortune 100 company.  The audit included reviewing classifications of exempt employees and independent contractors, the time and attendance /payroll systems and policies and training materials.

Recent Publications

• Editor, Fair Labor Standards Act, BNA/ABA Publishing
• "America's Work Force Has Been Transformed By the Recent Recession," Construction Today, May 2011
• "How to Survive a Wage Hour Investigation," Practical Law Company, January 2010
• "Tip Credits, Ask the Expert: Q&A," Fair Employment Practices Guidelines, August 2009
• "Creating a Presumption that Owner-Operators Are Employees, Not Contractors," NJ Law Journal, May 7, 2012
• "Labor: Paying Salaried Non-Exempt Employees Using the Fluctuating Workweek Method," Inside Counsel, February 27, 2012
• "New Jersey Legislature Considering Increase to State Minimum Wage Rate," FordHarrison, LLP Legal Alert, January 30, 2012
• "Labor: 4 Steps to Identifying and Handling High-Risk Independent Contractors - Reducing Wage and Hour Liability in 2012," Inside Counsel, January 30, 2012
•  "Labor: The Year of the Gotcha," Inside Counsel, January 6, 2012
• "Inside Sales Exemption Missing From Revised N.J. Overtime Rules," NJ Law Journal, October 20, 2011
• "Watch Out Employers of Commissioned Sales People in New Jersey – They're No Longer Exempt," FordHarrison LLP Legal Alert, October 13, 2011
• "Employee Misclassification Relief?" FordHarrison LLP Legal Alert, September 27, 2011

Recent Speaking Engagements

• ABA Independent Contractor Workshop, 2011
• ACI Wage Hour Workshop, 2010 and 2011
• "Handling a DOL Investigation," Association for Corporate Counsel Annual Meeting, 2009
• "The Hidden Dangers in Independent Contracting," NY Port Industry Day, 2011
• "Owner Operators Liability: What You Need to Know," NJ Motor Truck Association, 2011 and 2012
• "Hot Issues in Wage Hour Law," NJ Banker's Association, 2011 and 2012
• "How to Avoid Wage Hour Landmines: A Practical Approach to Wage Hour Compliance," First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey, 2011

Language

• Portuguese (fluent)