Welcome to the Wage & Hour Defense Institute blog. This blog will focus on developments in wage and hour law across the United States, authored by attorneys from the WHDI group. The blog aims to cover both national and significant state developments in the field.
Wage and hour litigation, and in particular class and collective actions brought under the Fair Labor Standards Act (FLSA) and companion state laws, has increased significantly in recent years. With increased frequency, litigation has been brought challenging an employee’s status as exempt from the FLSA’s requirements to pay overtime and minimum wage. Jury verdicts and settlements have fueled the trend, as employees have recovered large amounts of money – often millions of dollars – based on allegations that employers misclassified them as exempt from the FLSA’s overtime and minimum wage requirements. So too, in recent years, there has been increased litigation by employees claiming that they were forced to work “off the clock” and to miss meal and rest breaks, engage in pre-shift or post-shift work, or even work at home without regular rate of pay for the purpose of paying overtime compensation. Employees whose pay includes tips or commissions bring a special set of problems as well. As employees often attempt to band together in class and collective actions, the exposure in these cases can be extremely significant. The new wave of wage and hour litigation has also seen an increase in lawsuits brought alleging misclassification as independent contractors, a complex issue given to the interwoven state and federal employment and tax laws. Here too, misclassification could result in class actions with individuals seeking unpaid wages, overtime, and benefits.
With authors from across the United States, this blog will aim cover developments in the wage and hour field on a nationwide basis, with some local insight.
We look forward to the conversation.