Private plaintiff attorneys have filing multitudes of FLSA cases against employers, and it is not just about mis classification issues. Employers make impermissible deductions from wages, don’t count all hours worked in determining overtime due, and simply don’t do the calculations correctly. The Department of Labor is on the band wagon too with a budget of over $350 billion. As Labor Secretary Hilda Solis said, “There’s a new sheriff in town.” Suits under the FLSA rarely involve just one individual – the DOL and private attorneys almost always are targeting mistakes that affect a large number of employees and will bring either a class or collective action. There is no other way to look at it – FLSA suits are on the rise, and they are expensive!
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Marna Hayden is founder and president of Hayden Resources Inc., a consulting firm that specializes in providing management and human resources services to small and mid-size businesses and nonprofits, and specialized services and training to larger organizations. She has thirty + years in the field of human resources and has held senior offices in the banking, retail, and service industries as well as serving as an adjunct faculty member at several colleges and universities. She is certified as a senior professional in human resources (SPHR) and SHRM-SCP.