As most employers know, wage and hour claims under the Fair Labor Standards Act (FLSA) are one of the hottest topics for plaintiffs lawyers these days. Employers fear these claims because the laws are complicated and do not credit good intentions. Even a minor violation can lead to major liability. And many plaintiffs’ lawyers try to turn one person’s complaint into a class or collective claim — which means more liability to the employer. For once the trend is swinging in favor of the employER — over the objection of plaintiffs lawyers and the National Labor Relations Board (NLRB), courts (including most recently the 11th Circuit in Ashley Walthour v. Chipio Windshield Repair, LLC (11th Cir. Mar. 21, 2014)), have held that employees can lawfully waive their right to bring a class action under the FLSA. What does this mean for employers? It’s time to review and revise your offer letters and employment agreements so that you too can exhale on these claims!
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