Over the last decade, employers increasingly have been bombarded with wage and hour lawsuits filed by current and former employees under the Fair Labor Standards Act (FLSA) and various state law equivalents.
Over the last decade, employers increasingly have been bombarded with wage and hour lawsuits filed by current and former employees under the Fair Labor Standards Act (FLSA) and various state law equivalents. Though no talisman exists, it's time for employers to re-emerge from their bunkers, put aside their collective dread, and begin thinking outside the box about how best to protect themselves from the onslaught of wage and hour litigation. While there is no one-size-fits-all solution for every employer in every jurisdiction, the article, "Innovative Strategies for Defending Against the Rising Tide of Wage and Hour Class and Collective Action Claims," available on the In Depth Analysis page of FordHarrison's web site, outlines five innovative strategies to consider implementing at your business: (1) requiring comprehensive timesheet acknowledgments; (2) developing solid wage and hour policies and procedures; (3) mandating arbitration agreements; (4) implementing class and collective action waivers (within or outside of arbitration agreements); and (5) requiring stand-alone jury waivers. One thing is for certain – whether employers implement one of these strategies or try something different, employers must continue to be proactive and creative in the way they defend against wage and hour class and collective action claims.
If you have any questions regarding the article, other wage and hour issues or other labor or employment law issues, please contact the authors, Aaron Zandy, email@example.com, or Jessica Walberg, firstname.lastname@example.org, both of whom are partners in our Orlando office.