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Jerry Maatman Quoted in HR Magazine "Wage-and-Hour Class Actions Increasing"
03/24/2008

Jerry Maatman was quoted in the article, “Wage-and-Hour Class Actions Increasing,” which appeared in the March 2008 issue of HR Magazine. In addition to quoting Jerry Maatman, the article also cited the firm’s Fourth Annual Workplace Class Action Litigation Report.

Jerry noted that wage-and-hour class actions spread from California to other states in 2007 and that this trend will continue to grow in 2008. With regard to the Workplace Class Action Litigation Report’s finding that “the U. S. district courts for the southern and middle districts of Florida experience more wage-and-hour filings than any other federal jurisdiction,” Jerry observed that this is partly attributed to the abundance of minimum wage service industry jobs in central and southern Florida. He further noted that both New York and New Jersey have “very plaintiff-friendly damages and remedies,” while plaintiffs’ attorneys in Texas are turning to wage-and-hour litigation because it “is a growth area” in the wake of tort reform. On the flip-side, Jerry points out that “federal courts typically are not as liberal” as state courts, so they may be better venues for employers when they are sued for wage-and-hour violations.

Concerning additional trends, Jerry notes that the two largest Employee Retirement Income Security Act (ERISA) class action settlements reflect manufacturing industries’ “struggles in terms of what the companies need to do with retirees and health care benefits.” Jerry also stated that he expects to see more class actions in 2008 under Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act because of a “more activist” Equal Employment Opportunity Commission.

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