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.