Brett Bartlett Quoted in The Atlanta Business Chronicle
" 'Company-killer' lawsuits can often be avoided"

" 'Company-killer' lawsuits can often be avoided" in the May 18, 2007 issue of The Atlanta Business Chronicle notes "The Fair Labor Standards Act (FLSA) originally was passed by Congress during the great Depression to restrict child labor, establish a minimum wage and enact overtime payment rules. While the law has not changed substantially, the number of class-action suits filed in federal court and based on alleged FLSA violations have more than quintupled from just 366 in 2000 to 1,366 in 2006. Given the high price companies pay for noncompliance, it's easy to see why FLSA cases have earned a reputation as "company-killers" but wise firms can find ways to reduce the threat, according to lawyers who defend these cases."

"Last year collective actions related to wage and hour claims far outpaced employee discrimination filings, according to the Seyfarth Shaw Class Action Report 2007, a comprehensive study of all national workplace class-action rulings complied by Chicago-based law firm Seyfarth Shaw LLP. While some might think these cases would more often be brought by lower-wage hourly (non-exempt) employees, last year also saw rises in cases initiated by white-collar (exempt) workers employed by financial services, insurance, high-technology and pharmaceutical companies, said Brett Bartlett, a partner in the Atlanta office of Seyfarth Shaw. "The more established employees are more likely to highly paid and are well-aware of their rights under the FLSA," he added. "And the damages in higher-paid employee cases are higher because overtime is based on the total compensation of the employee." Market indicators show no sign of a slowdown in these trends in 2007, Bartlett said."