According to Federal Judicial Caseload Statistics, nearly five percent more Fair Labor Standards Act cases were filed between April 1, 2013 and March 31, 2014 than during the same period in 2012-2013.  This 2013-2014 total of 8,126 newly-filed FLSA cases is nearly 2,500 more than the 2008-2009 total of 5,644.

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Source:  Federal Judicial Caseload Statistics

All employers should evaluate their wage and hour practices to ensure they are in line with current applicable law and regulation.  In particular, the FLSA’s agricultural exemptions can be difficult to understand—particularly given the differences between federal and certain state law.  Child labor restrictions, unpaid breaks, and travel time are some of the issues that can easily trip up agricultural employers. 

FLSA litigation is expensive and time-consuming.  An ounce of prevention is definitely worth a pound of cure in this area.