Wage and Hour Pitfalls: Common Mistakes that Lead to Litigation
- An overview of litigation trends in FLSA cases.
- Wage and hour mistakes that often lead to litigation, including overtime violations.
- Best practices for compliance.
Wage and hour mistakes under the Fair Labor Standards Act (FLSA) can lead employers and HR departments into lengthy and expensive litigation. Under the wage and hour laws, an employer not only bears the burden of proving compliance (including that it keeps accurate records of all time worked), but also a violation is a violation regardless of the employer’s intentions. Additionally, a wage and hour lawsuit can be particularly challenging and costly because a successful plaintiff may recover back wages and double damages, plus attorney’s fees. And if the suit is a collective action—a common occurrence in FLSA litigation—defense costs are higher simply because the case involves multiple plaintiffs.
at Wright, Lindsay & Jennings
Jane A. Kim is a partner on Wright Lindsey Jennings’ Labor & Employment Team. She maintains an active litigation practice, including regularly defending clients in wage and hour collective/class actions, and also provides advice and training on employment law compliance and represents employers in government agency investigations. Kim has been recognized as a “Labor and Employment Star” by Benchmark Litigation and is listed among The Best Lawyers in America, Chambers USA “Leaders in their Field” and Mid-South Super Lawyers. In 2018, Kim was named to Arkansas Business’ “40 Under 40” list of business and political leaders.
Twitter Name - @WLJEmploymentLaw