Fair Labor Standards Act Lawsuits Down From 2015 Peak
(25 Jan 2018) The government reported 1,847 new Fair Labor Standards Act (FLSA) civil filings during the first quarter of FY 2018. This compares with 1,870 such filings during the first quarter of FY 2017 and 2,203 FLSA lawsuits filed in the first quarter of FY 2016. If the pattern established during the current fiscal year continues through September, this may be the third year in a row that such lawsuits will have modestly declined.

Fiscal Year 2015 marked a high point in such litigation with a total of 8,917 new lawsuits filed since employment levels tumbled after the 2008 financial crisis. By the end of FY 2017, this number had declined 11.9 percent to 7,858. The pace of filings in October - December 2017 would suggest that this volume may fall farther to around 7,388.

The FLSA established minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector as well as in federal, state, and local governments. The comparisons of the number of civil filings for Fair Labor Standards Act related suits are based on case-by-case court records from the federal courts which were compiled and analyzed by the Transactional Records Access Clearinghouse (TRAC).

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