The nation is witnessing a record number of wage and hour lawsuits, often federal but also hybrid (different states at the same) court cases.
In the period that just ended on March 31, a total of 7,064 lawsuits under the Fair Labor Standards Act (FLSA), which regulates wages, hours and overtime, had been filed for the previous 12 months. That number is up 33 percent from the 5,302 cases in 2008.
Employment lawyers note that the increase is due to several factors, starting with the record number of layoffs and reductions in forces from 2008 onward and stretching to increased enforcement by the Department of Labor (DOL) and its Wage and Hour Division (WHD).
Common claims include misclassification of employees, alleged uncompensated “work” performed off the clock and miscalculation of overtime pay for non-exempt workers.