Client Alert: The Wage and Hour Nightmare Continues: Plaintiffs in the Seventh Circuit Can Now Combine FLSA Collective Action with Rule 23 Class Action

In this day and age, when wage and hour lawsuits are arguably the single greatest threat to employers and businesses across the country, employees planning to file multi-plaintiff wage and hour claims in the Seventh Circuit have reason to celebrate. On Jan. 18, 2011, the United States Court of Appeals for the Seventh Circuit ruled in Ervin v. OS Restaurant Services, Inc., No. 09-3029 (7th Cir. Jan. 18, 2011), that wage and hour plaintiffs may proceed with both a collective action under the Fair Labor Standards Act and a state class action under Federal Rule of Civil Procedure 23 in the same suit and at the same time.

Wage & Hour

Our attorneys have extensive experience in counseling clients in all aspects of federal and state wage and hour laws, with a focus on developing strategies and policies that prevent costly wage and hour litigation. If litigation occurs, we aggressively defend both individual claims or class actions through the design of a focused, well-planned defense to resolve a case swiftly and minimize the costs of litigation.

We conduct comprehensive wage and hour audits specific to our clients’ needs and business goals by evaluating wage and hour policies and practices, reviewing exempt and non-exempt job classifications, and assessing timekeeping and pay practices and policies. We are equally well-versed in litigating state-based wage and hour class actions and federal FLSA opt-in actions.

The labor group has successfully defended numerous claims in federal and state courts, including claims for misclassification of employees, unpaid meal breaks, pre- and post-shift off-the-clock work, on-call time, donning and doffing, improper tip credit practices, and improper calculation of overtime wages, bonuses and commissions.