The Employer’s Wage and Hour Advisor

Many employers already have personal experience with the costly two-step process for collective overtime or minimum wage claims under the Fair Labor Standards Act (“FLSA”). This process permits employees to commence expensive class-type lawsuits against an employer with almost no factual support for their ability to represent other employees. However, this soon may change. The Sixth Circuit Court of Appeals is scheduled to review the proper process for certifying FLSA collective actions, and potentially could reduce the significant costs employers now routinely endure when defending themselves in wage and hour litigation. The outcome of Clark v. A&L Home Care and Training Center, LLC could change the course of numerous wage and hour cases in Michigan, Ohio, Kentucky and Tennessee.