For the seventh straight year, lawsuits related to the Fair Labor Standards Act (FLSA) have increased. According to study by law firm Seyfarth Shaw LLP, in the 12 month period preceding March 31, there was a 4.7% increase over the prior year, or 8,126 cases. The firm analyzed data from the Federal Judicial Center, noting that the numbers do not include data from state courts, information that is not readily available. In their blog post The Wage and Hour Litigation Epidemic Continues, they discuss reasons for this increase and suggest that the trend is likely to continue:
“Because of increasing publicity that wage and hour issues are likely to receive from DOL’s expected proposed revisions to the exempt status regulations, and the other causes of the explosion in wage and hour litigation discussed previously, we expect this trend to continue and even expand. For this reason, we urge employers to review their exempt classifications and pay practices with experienced wage and hour counsel to make adjustments that may be appropriate.”
Steve Bruce of HR Daily Advisor offers a video clip on the 10 most common ‘sins’ managers and supervisors commit in paying—or failing to pay—employees what they are owed.
When complex employee issues arise, ESI EAP offers member employers direct access to Certified Senior Professionals in Human Resources (SPHR) and senior clinical counselors. If you need an Employee Assistance Program give us a call: 800-535-4841.