Tuesday, March 20, 2012

Wage & Hour Litigation Exploding

New figures and statistics are out on wage & hour claims filed and it was revealed that claims under the Fair Labor Standards Act (FLSA) have increased more than 15% from 2010 to 2011 and increased more than 325% over the last 10 years.  From the Law.com article on the trend, "[i]n the reporting year ending March 31, 2011, there were 7,006 wage and hour claims filed in federal courts across the United States. [Richard Alfred, Boston-based head of the national wage and hour practice of Seyfarth Shaw] says that number is higher than the total filings of all other types of employment cases combined. Aside from a 2008 dip from 6,786 to 5,302 cases, the number of lawsuits filed has been on a steady upward trajectory."
The remainder of the Law.com article discusses how Alfred, an employer-side attorney, believes the FLSA needs revising as it is antiquated and does not take into account the modern workplace centered on technology.  The Supreme Court hasn’t heard a wage and hour case since 2004. This spring, SCOTUS will weigh in on white-collar exemptions for the first time in Christopher v. SmithKline Beacham Corp. Arguments in that case will be heard April 16.

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