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'Waiving' Goodbye to Class Actions

By Michael C. Schmidt

It is no secret by now that employers, particularly those in such industries as the financial services, retail and health care, continue to be hit with the legal tsunami that is class action lawsuits. Employers are especially vulnerable, with limited defenses when it comes to wage and hour lawsuits, where a large class of employees alleges that their employers failed to pay minimum wage or overtime compensation. That vulnerability has been increased recently by the current economic climate, where employers look for ways to cut certain employee-related costs, and by advances in technology (e.g., the use of BlackBerries) that make it more difficult to monitor working hours and activities.

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