Federal class actions under Fair Labor Standards Act (FLSA) are biggest source of  private class actions in employment-related cases

By Elizabeth Hall, Business Management Daily – Wage-and-hour labor litigation continues to increase exponentially.

Federal class actions brought under the Fair Labor Standards Act (FLSA) outnumber all other types of private class actions in employment-related cases. Particularly hard hit: employers in California, Florida, Illinois, New Jersey, New York, Massachusetts, Pennsylvania and Texas. 

“Clearly, this is not the time to make an FLSA compliance mistake,” Business Management Daily’s Senior Web Editor Elizabeth Hall says. “Federal employment laws govern this workplace issue and many more, including discrimination, family leave and harassment.”

Here’s a list of 5 of the most important federal employment laws and how to follow them:

1. Job discrimination

Title VII of the Civil Rights Act of 1964 prohibits you from discriminating in hiring, firing or pay based on a person’s race, religion, sex or national origin. This law also prohibits sexual harassment.

Action: Treat all employees and applicants equally regardless of their race, religion, gender or any other characteristics not related to job performance.

2. Disability discrimination

The Americans with Disabilities Act (ADA) prohibits job discrimination against qualified people with disabilities (i.e., those who can perform the job’s essential functions with or without a reasonable accommodation).

Action: Never immediately reject applicants because you think their disability would prevent them from doing the job. Work with HR to help create reasonable accommodations for disabled employees.

3. Family leave

The Family and Medical Leave Act FMLA says eligible employees – those with at least a year of service – can take up to 12 weeks per year of unpaid, job-protected time off for the birth or adoption of a child or to care for themselves or a sick child, spouse or parent who has a “serious” health condition. The FMLA applies to organizations with 50 or more employees.

Action: When employees request leave, listen for requests that would meet the FMLA criteria. Contact HR when hearing these requests.

4. Age discrimination

The Age Discrimination in Employment Act says you can’t discriminate against applicants or employees older than 40 because of their age.

Action: Never take a person’s age or proximity to retirement into account when making decisions on hiring, firing, pay, benefits or promotions.

5. Overtime/minimum wage

The Fair Labor Standards Act (FLSA) is the nation’s main wage law. It sets the federal minimum wage (many states have higher minimums) and requires time-and-a-half overtime pay for hourly employees who work more than 40 hours in a workweek.

Action: Always pay employees above the minimum wage and pay overtime when applicable.

Hall concludes, “It’s important for supervisors and managers to know the basics of how to comply with these laws. One thing you can do is review your overtime pay policy and double-check your FLSA exempt employees’ status.”

Related article – EMPLOYMENT LAW AND COMPLIANCE

For more information and the full article, which includes the additional five employment laws every manager must know, visit www.BusinessManagementDaily.com.

Download Business Management Daily FREE report on Overtime Labor Law: 6 compliance tips to avoid overtime lawsuits, wage-and-hour Labor audits and FLSA exemption mistakes.

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