According to an analysis from the Federal Judicial Center (FJC), more workers than ever are filing wage-and-hour lawsuits. These cases are brought pursuant to the Fair Labor Standards Act (FLSA), which establishes standards for private and government employees pertaining to overtime, youth employment, and minimum wage.
Many FLSA cases involve debates about whether a worker (or class of workers) should be classified as “exempt” from overtime rules. (Per the Department of Labor’s website, “Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.”)
The employment lawyers at Joseph & Kirschenbaum have brought many high profile FLSA matters over the past several years. However, our firm is obviously not solely responsible for the flourishing FLSA activity!