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Resolving FLSA Without Overpaying the Plaintiff's Attorney

By Patricia Anderson Pryor

Litigation is expensive. It is not unusual for a case to cost an employer $200,000 just in fees and expenses to go to trial. That does not account for any damages or costs that the employer may have to pay if it loses. It is, therefore, not surprising that employers attempt to resolve even the least meritorious of issues with employees through severance agreements and settlements to avoid these expenses.

Nowhere is this more true than with claims alleging violations of the Fair Labor Standards Act (FLSA). In recent years, claims for unpaid overtime, work off the clock or misclassification of employees have become popular among plaintiff's attorneys.

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