Abstract
Class action overtime and minimum wage cases are “hot” for plaintiffs’ lawyers. Those lawyers are focusing on corporate practices such as exempt status, incentive compensation and flexible scheduling as sources for new cases. Senior managers, including compensation professionals, need to evaluate and respond carefully to employee complaints, the source of most lawsuits in this area. A mishandled response to a complaint also can lead to a wage and hour retaliation lawsuit for punitive damages. Wage and hour class actions in federal court operate under an “opt-in” procedure that is very different from other class actions. The number of records and the need for detailed information on human resources practices mean that managers have a critical role in the defense of wage and hour class actions.
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