Separating Fact from Fiction: Recent Trends in the Wage and Hour Landscape

Abstract

Large jury awards for violations of the Fair Labor Standards Act (FLSA), such as the $78.5 million award compensating Wal-Mart employees for missed lunch breaks and off-the-clock work, garnered press attention in 2006. These attention-grabbing headlines give the impression that 2006 was a year of vigorous wage and hour enforcement and litigation activity. Is it possible, however, that a few high profile cases have skewed the perceived level of FLSA-related activity? This article separates fact from fiction by quantifying recent trends in wage and hour activity.