Perspectiva General

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.

Afiliaciones Profesionales y Comunitarias

Member

American Bar Association

Member

District of Columbia Bar Association

Member

Maryland State Bar Association

Member

Restaurant Association of Metropolitan Washington

Reconocimiento

Named, The Best Lawyers in America©

2020-2022

News, Analysis & Press

4 Tips For Employers Paying Disabled Workers Lower Wages

Law360 Employment Authority

September 21, 2021

4 W&H Bills to Watch for in the Second Half of 2021

Law360 Employment Authority

July 2, 2021

WPI Labor Day Report 2020

WPI Report

September 8, 2020

WPI Labor Day Report 2019

WPI Report

September 3, 2019

Littler's WPI Labor Day Report 2018

WPI Report

August 30, 2018

Legal Landmines for Restaurant Owners

Food & Beverage Magazine

July 1, 2016

Department of Labor Stepping Up Enforcement Efforts

Restaurant Hospitality

April 4, 2016

Managing the Employment Relationship in District of Columbia

Lexology

March 29, 2016

D.C.: Template for ‘Wage Theft Prevention Amendment Act’ Notices Issued

Society for Human Resource Management (SHRM)

March 6, 2015

D.C.: Sick and Safe Leave Act Amendments Take Effect

Society for Human Resource Management (SHRM)

September 29, 2014

Libros & Capítulos

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

Speaking Engagements

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

2019 Mid-Atlantic Employer Conference, Bethesda, MD

June 7, 2019

Predicting the Future of Predictive Scheduling: What Employers Need to Know Now

October 9, 2018

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

2018 Mid-Atlantic Employer Conference, Washington, D.C.

June 5, 2018

Misclassification

Littler Executive Employer, Phoenix, AZ

May 4, 2018

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

2017 Mid-Atlantic Employer Conference, Washington, D.C.

June 6, 2017

Immigration Compliance Updates Under the Trump Administration

2017 Mid-Atlantic Employer Conference, Washington, D.C.

June 6, 2017

The Department of Labor: A Look Ahead

The 2017 Executive Employer® Conference

May 11, 2017

What's New in Sick Leave: Your Annual Check-Up

Tysons Corner, VA

October 19, 2016

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

Accounting Principals

July 27, 2016

2016 Mid-Atlantic Employer Conference

Washington, DC

June 7, 2016

DOL Issues Final Overtime Rule - May 31

May 31, 2016

DOL Issues Final Overtime Rule - May 23

May 23, 2016

DOL Issues Final Overtime Rule - May 20

May 20, 2016

DOL Issues Final Overtime Rule - May 19

May 19, 2016

Preparing for Change: Revisions to the FLSA Overtime Regulations

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 5, 2016

The Limits of Work Time: What is Compensable Time?

The 2016 Executive Employer® Conference

May 5, 2016

Anticipating Immigration-Related Audits: How to Navigate an Unpredictable DOL

April 5, 2016

Keep Your Hands Clean…Learn About the Top Employment Laws Impacting Restaurant Owners

Washington, DC

September 17, 2015

Proposed Changes to the Overtime Regulations

July 6, 2015

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

2015 Mid-Atlantic Employer Conference

Littler Mendelson, Washington D.C.

June 25, 2015

Wage and Hour Compliance

Las Vegas, NV

April 19, 2012

Educación

  • J.D., Georgetown University Law Center, 2004
  • B.A., American University, 2001

Admisión de la barra

District of Columbia
Maryland
Nevada

Cortes

  • U.S. Supreme Court
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 9th Circuit