Haynes and Boone's Newsroom

Wage & Hour: Old Law, New Issues
05/10/2000
Jonathan C. Wilson

Excerpt

Even though it is the oldest employment statute, there was relatively little litigation under the Fair Labor Standards Act of 1938 until the last decade. This was true even in the 1970's and 1980's when this area of employment law exploded as it became apparent that the rules America designed for a manufacturing based economy were not necessarily appropriate for the changes in the workforce brought about by technology and a changing economic model. But by the 1990's, these changes and the influx of the public work force into the system brought about a tremendous increase in FLSA litigation. Many issues which had either been addressed in different contexts or simply never dealt with were thrust to the forefront. Although there are some differences between public and private sector employees, many of the principles are the same and the renewed vitality of the area (not to mention the possibility of large awards) has increased attention on FLSA compliance for all employers.

Most employment law practitioners do not deal with wage and hour issues on a daily basis. While seemingly simple, it also can be one of the most complex statutes. Employers ignore the risks at their peril. This paper provides both very basic information on certain aspects of the law, and latest case developments showing recent activity and areas of concern for employers.

For the complete publication please download the PDF below.