Employees filed a record number of federal wage-and-hour lawsuits under the Fair Labor and Standards Act (FLSA) from March 31, 2011, to March 31, 2012, according to a chart released by Seyfarth Shaw LLP. The figures were confirmed by the Federal Judicial Center.

FLSA wage-and-hour claims exploded over the past decade — more than tripling since 2002 when only 2,035 claims were filed.

The claims forming the bulk of these numbers include misclassification of employees, alleged uncompensated “work” performed off the clock and miscalculation of overtime pay, according to Richard L. Alfred, chair of Seyfarth Shaw’s wage-and-hour litigation practice.

As employers in California are all too aware, wage-and-hour lawsuits brought under California’s labor laws increased similarly in recent years. This year, California employers received welcome guidance from the California Supreme Court in one area of wage-and-hour litigation — meal and rest periods ­— in the Brinker Restaurant Corp. v. Superior Court decision.

Author: Gail Cecchettini Whaley

HR Watchdog, HRCalifornia’s Employment Law Blog, © California Chamber of Commerce