Wage and Hour Litigation Issues Loom for Employers
Employers are expected to face significant litigation over wage and hour issues because of the complex issues — and equally complex federal, state and local regulations—they must deal with—as they bring employees back to the workplace or firm up plans to have them remain working from home, experts say.
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This may turn out to be a long-term issue, experts warn. Employees have two years under federal law to file wage and hour lawsuits, while under state law in New York they have up to six years; in California, four; and in Pennsylvania, three, said Jason E. Reisman, a partner with Blank & Rome LLP in Philadelphia, who co-chairs the firm’s labor and employment practice group.
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Paying workers accurately for their time, including after-hours work, is a critical issue, experts says. For employees working from home, “probably the most egregious example is when their boss sends them an email after hours,” Mr. Reisman said. “It makes it immediately hard for the company to argue they didn’t know the employee was working.”
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“Wage and Hour Litigation Issues Loom for Employers,” by Judy Greenwald was published in Business Insurance on June 2, 2020.