Brian McMillan Accounts For Dramatic Increase in Wage and Hour Class Actions
"Time Is Big Bucks, Class-Action Wage Lawsuits Show," Workforce Management
Employers are battling and losing a large number of wage and hour law suits due to burgeoning allegations of misclassification of non-exempt employees. The ease in certifying a class or collective action under the federal Fair Labor Standards Act, worker-friendly state statutes and a lack of accurate time recording and reporting by employers have collectively resulted in a sharp increase in wage and hour suits. "Aggressive plaintiffs' attorneys find it not too difficult to come across employers not keeping accurate records of the meal breaks," explained Brian McMillan of Littler's San Jose office.