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Workplace Word - October 2012
The Rise of FLSA Hybrid Wage and Hour Actions and Defending Such Actions Through Rule 68 Offers of Judgment

10/04/2012

The Rise of FLSA Hybrid Wage and Hour Actions and Defending Such Actions Through Rule 68 Offers of Judgment
by Christine M. Garrison

Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (FLSA) lawsuits, particularly lawsuits combining FLSA collective action and state law class action claims (a.k.a. “hybrid” lawsuits), are on the rise. Typical FLSA lawsuits involve claims for unpaid wages and challenge employer compensation policies, such as automatic meal break wage deductions or management participation in employee tip-pools. Hybrid wage and hour class actions combine those FLSA claims with claims under state wage and hour laws. Regardless of the precise nature of the claim, FLSA lawsuits, particularly hybrid FLSA lawsuits, can be extremely expensive to defend and litigate.

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