In light of recent litigation that has cost employers billions
of dollars, it is not surprising the Fair Labor Standards Act
(FLSA) has been regarded by employers as anything but fair.
Enacted in 1938, the federal law was meant to mandate minimum
and overtime wages to employees who were, at the time, perceived as
being victimized by oppressive employers. The employment landscape
has changed dramatically during the past 70 years.
Employees currently enjoy a wide variety of rights and
privileges that provide them with many protections previously
unavailable. Likewise, employers are far more cognizant of their
obligations under numerous laws and regulations that govern the
employer-employee relationship. Rather than regulating
relationships between victims and bullies, FLSA now regulates
relationships between more well-informed employees and more
Notwithstanding the numerous piecemeal amendments to FLSA and
promulgation and revision of a multitude of Department of Labor
(DOL) interpretive regulations, courts continue to struggle with
uniformly interpreting and applying FLSA's complex provisions. It
is no surprise FLSA is one of employers' most persistent headaches
and, for some, a living nightmare. Indeed, FLSA collective actions
are viewed and understood by many employers...
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