The Proliferation Of FLSA Collective Actions

Law360, New York (June 28, 2007, 12:00 AM EDT) -- 1. Introduction

No realm of employment litigation has been more active in recent years than collective action litigation under the Fair Labor Standards Act (“FLSA” or “Act”). This trend has continued unabated in 2006 and 2007, fueled by increased employee awareness of the Act’s requirements, more widespread mining for potential plaintiffs by assertive employees’ counsel, more sophisticated use of the Internet, and an increasingly transient workforce not bound by loyalty to any one employer. Although enacted in 1938, the FLSA is still a trap for the...
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