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FLSA Collective Action Litigation

By Jennier Blum Feldman

When the dust settles from the current round of discussions on increasing the federal minimum wage, the lowest paid of the country's non-exempt employees may or may not be earning an additional dollar or two per hour. Either way, the debate will have drawn the country's ' and the plaintiffs' bars' ' attention toward the lowest paid of our country's workers, and the climate will be right for those attorneys to begin focusing not only on how much non-exempt employees are being paid per hour, but also on whether these workers are being paid in a manner that is consistent with every intricate (and often contrary-to-common-sense) twist and turn of federal and state law.

There is an abundance of wage and hour claims waiting to be made against unsuspecting employers with regard to payment of non-exempt employees. Employers who take the time to evaluate their practices now will be well-positioned when the focus of non-exempt collective action litigation shifts from 'off-the-clock' claims to the next big thing.

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