S. Libby Henninger

Libby Henninger has a wide-ranging employment law practice with a primary focus on litigation, compliance, and consulting on all aspects of federal and state wage and hour law. She represents and partners with clients across the country to strategically maintain legal compliance with ever-changing employment laws.

She is a founding member of Littler’s Compliance Audit Services Practice Group, a core member of Littler’s Wage and Hour Practice Group and an architect of Littler’s unique web-based audit tool, AuditQB. She counsels and trains clients across the country on the preventive measures that should be taken to reduce potential liability. In this capacity, she develops and manages complex wage and hour compliance reviews, particularly in the areas of pay practice and classification reviews. She works closely with clients to develop compliant compensation programs, create practical and manageable policies and practices, revise payroll practices and calculation methods, review position classifications, and coordinate messaging and training to communicate changes to the workforce.

Libby also has substantial experience advising, managing and litigating wage and hour class and collective actions for clients in a variety of industries and develops creative and efficient strategies for early resolution and dismissal of collective actions. She has extensive experience with all stages of wage and hour litigation involving a range of allegations, including:

  • Misclassification
  • Improper calculation of overtime compensation
  • Misapplication of the tip credit for tipped workers
  • “Off-the-clock” work
  • Joint employment liability with respect to wage and hour claims

She routinely practices in federal and state court and in arbitration proceedings, as well as represents clients in investigations conducted by the Department of Labor and other federal and state agencies. In addition to her wage and hour practice, Libby represents clients in traditional discrimination suits and agency charges under both federal and state laws. She advises clients on all aspects of day-to-day personnel matters, including leave and disability issues, employee discipline, and termination.

Libby is also a member of Littler’s COVID-19 Task Force, and has guided clients with respect to issues unique to the pandemic including compensable time, expense reimbursement and new developments related to leave requirements under federal and state laws. 

Libby is a frequent speaker and author on a range of employment law topics including those involving wage and hour issues and local employment law developments in the Washington Metropolitan region. She also has drafted comments on behalf of clients and on behalf of Littler’s Workplace Policy Institute on recent regulatory proposals such as regular rate and the “white collar” overtime exemptions to ensure that these final rules provide clarity and flexibility for employers.

Credentials & Recognition

Speaking Engagements

Where in the U.S.A. Is Erin Winnebago... Causing Your Next Wage and Hour Compliance Challenge?

  • May 5, 2022
  • Littler Executive Employer Conference

The Wage and Hour Update: Federal Deregulation Efforts Contrast With State, Local, and Private Enforcement Expansion

  • June 7, 2019
  • 2019 Mid-Atlantic Employer Conference, Bethesda, MD

Hot Topics in Working Hard and Hardly Working: Paid Leave Laws, USDOL PAID Program, and Wage Payment and Collection Act Enforcement

  • June 5, 2018
  • 2018 Mid-Atlantic Employer Conference, Washington, D.C.

Misclassification

  • May 4, 2018
  • Littler Executive Employer, Phoenix, AZ

Capital Briefing - What Labor and Employment Policy Changes Lie Ahead?

  • June 6, 2017
  • 2017 Mid-Atlantic Employer Conference, Washington, D.C.

Immigration Compliance Updates Under the Trump Administration

  • June 6, 2017
  • 2017 Mid-Atlantic Employer Conference, Washington, D.C.

The Department of Labor: A Look Ahead

  • May 11, 2017

Working on Overtime: Preparing for DOL’s Changes to the FLSA Overtime Regulations

  • July 27, 2016
  • Accounting Principals

Preparing for Change: Revisions to the FLSA Overtime Regulations

  • May 5, 2016
  • The 2016 Executive Employer® Conference, Scottsdale, AZ

The Limits of Work Time: What is Compensable Time?

  • May 5, 2016

Running the Federal and State Gauntlet: Surviving Expanding ADA, FML A, and Paid Sick Obligations

  • June 25, 2015
  • Littler Mendelson, Washington D.C.

Additional Thought Leadership

Managing the Employment Relationship in District of Columbia

  • March 29, 2016
  • Lexology

Books & Book Chapters

The Fair Labor Standards Act

  • Section of Labor and Employment Law - American Bar Association
  • 2008 Cumulative Supplement, Co-Author: Amy P. Maloney
  • 2008

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