On the legal front: Wage and hour litigation developments and trends

This article discusses three significant developments in wage and hour litigation:

1. Changes to Fair Labor Standards Act (FLSA) overtime exemption criteria: The Department of Labor has proposed increasing the minimum salary requirement for exemption from $455/week to $951/week, potentially reclassifying millions of employees as non-exempt. This change could significantly impact both employers and employees in terms of compensation, work schedules, and job responsibilities.
2. Increased enforcement of independent contractor misclassification: Federal agencies are intensifying efforts to identify misclassified independent contractors. The article discusses the "economic realities" test and its factors, highlighting the potential impacts on employers, independent contractors, and the sharing economy.
3. Use of sampling and statistical evidence in wage and hour class actions: Recent cases (Tyson Foods Inc. v. Bouaphakeo and Duran v. US Bank NA) have challenged the appropriateness of using sampling and averages in class action lawsuits. Courts are now requiring more rigorous examination of variability among class members before certifying a class.