The Fair Labor Standards Act (FLSA) has become a popular tool for the plaintiff’s bar. The FLSA is extremely technical and, consequently, it’s very easy for even the most conscientious employers to violate it. The penalties for doing so can be severe, particularly because the FLSA permits employees to band together and sue their employers in what is referred to as a “collective action.” The stakes in FLSA collective action litigation are usually quite high.

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