The weather analogy of the “perfect storm” is well-suited to describe the current situation
confronting U.S. employers in the area of wage and hour law because of increased activity by
plaintiffs’ bar; greater focus on wage and hour violations by the U.S. Department of Labor (DOL) in
administering the Fair Labor Standards Act (FLSA); leniency of rules governing the certification of
FLSA collective actions; and, to some extent, employers lax in auditing wage and hour compliance.
This paper reviews emerging trends in wage and hour litigation and suggests some precautions
employers may take to address these trends and minimize their potential impact.