Effective December 13, 2010, the Wage and Hour Division of the Department of Labor (“DOL”) began its “Bridge to Justice” program in conjunction with the American Bar Association (“ABA”). Pursuant to this program, the DOL will refer employees with complaints under the Fair Labor Standards Act (minimum wage and overtime issues) and the Family and Medical Leave Act (“FMLA”) to a newly created ABA - Approved Attorney Referral System if the DOL declines to pursue the complaints on behalf of the employees. The complainants will be referred to attorneys willing to file FLSA and FMLA lawsuits against their employers. The Bridge to Justice program will increase the number of private suits brought against employers; and the attorneys taking these cases are going to be looking for class action claims which are far more lucrative for plaintiffs’ attorneys than individual claims. If the DOL has conducted an investigation at the time it makes a referral, it will make its investigation file available to the private attorney who takes the case. The investigation file will likely have information regarding employees other than the complainant; and this information could be the basis for a class action claim.
Wage and hour claims and FMLA claims have been on the rise since 2009, and employers can expect an increase in the claims made under these acts. Employers need to be especially sensitive to their classification of employees (exempt and non-exempt), their tracking of the hours worked by non-exempt employees and their FMLA policies and practices.
If you have any questions or concerns about wage and hour or FMLA issues, please contact our experienced labor and employment attorneys.
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