Labor & Employment:  Fair Labor Standards Act (FLSA) & Other Collective Action Litigation

The Fair Labor Standards Act and other employment law class actions have become the new frontier for plaintiffs’ class action lawyers. These lawsuits are among the most dangerous for employers because they are often fueled by employment statutes and enabling regulations containing extremely broad and/or arcane and intricate provisions. Successful plaintiffs can be rewarded with multiple damages and attorneys fee awards.

Our attorneys have litigated the full spectrum of collective/class action cases including:

  • Wage-hour claims
  • Classification cases
  • “Donning and doffing” claims
  • Meal and rest break cases
  • Off-the clock and overtime claims
  • All types of discrimination and harassment cases

We have secured important victories and expeditious settlements on favorable terms in many cases, often before class certification, for many employers. Our team offers employers faced with the prospect of FLSA and other employment law class actions several advantages:

  • Knowledge and experience in applicable law: Our Wage-Hour team is always on top of the latest changes in the law, regulations, and the cases that form the basis for this type of litigation. There is no learning curve for our attorneys when clients are threatened with an FLSA or state wage-hour class action.
  • We understand business goals and needs: It is not enough just to know the law; these cases can have significant practical and financial consequences. We discuss these at the outset and throughout the litigation process to help determine a strategy that accomplishes your goals.
  • Collective/Class action litigation experience: Our employment litigators have successfully defended numerous FLSA and other employment law class actions, so we know the peculiar procedural requirements and paths these cases follow. We draw upon the enormous collective and class action experience of our Business Litigation group to staff a case appropriately.
  • Multijurisdiction experience: With multiple offices across the country, we can provide on-the-ground presence in the jurisdictions where such cases are often litigated, plus experience with the local courts and judges who decide these matters. We also work with a network of highly qualified local counsel.
  • State-of-the art technology: We have state-of-the-art litigation support technology, which is essential for the successful defense of 21st century employment class action cases. Of all litigations, these are often the most fact- and paper-intensive. Our technology enables us to coordinate efficiently with attorneys in multiple jurisdictions, between our offices, and with clients, which can result in significant cost savings.
  • Prevention: Our experience can help clients comply with best practices and minimize exposure to liability through such tools as privileged audits, training programs, and program and policy development.

Given the enormous exposure and costs involved in these cases, our experience, sophisticated tools, and track record of success provides clients confidence that their defense is in very capable hands.

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