Employment Litigation Is on the Decline, but Expect More Wage and Hour Claims
Aspects of the FLSA make challenges more likely.
In a recent study the amount of federal employment cases filed in the second and third quarter of 2020 was down. Harassment and discrimination cases showed the largest decrease of almost 20% less which was likely due to the number of workers that were working remotely which decreased actual interaction between workers. FMLA claims and wage and hour cases under FLSA were only down slightly. Due to the same reason that harassment and discrimination cases had decreased, it is likely that FLSA claims are likely to increase due to the increase of remote workers. This white paper reviews how the change from office to remote working makes it more difficult to monitor workers as well as other aspects of the FLSA that can make challenges more likely.
Dabney D. Ware is senior counsel in Foley & Lardner’s Jacksonville office. A member of the firm’s Litigation Department, and its Labor and Employment Practice Group, she focuses her practice in the area of labor and employment law. Ms. Ware has extensive experience both in employment-related litigation, and in counseling clients on all aspects of compliance with the myriad of federal, state, and local laws. Prior to attending law school, Ms. Ware worked as a manager for First Florida Bank and as a program auditor for the Florida Office of Auditor General. Ms. Ware graduated from the University of Florida College of Law, with honors, where she was editor-in-chief of the Florida Law Review. She holds an M.S. degree in communication theory and research from Florida State University, and a B.S. degree in communication from Appalachian State University. Ms. Ware is admitted to practice in Florida and Georgia, and is a member of the Labor and Employment Law Sections of both the American Bar and The Florida Bar.
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