Employment Litigation Frequently Asked Questions on United States

What are the main areas of dispute which may arise in employment litigation in the US?

The most common types of employment litigation in the United States are wrongful termination, discrimination and harassment based on protected categories, including sex, race, age, and disability, under federal and state laws, retaliation, and wage and hour issues.

What kinds of legal and factual issue may typically arise in such disputes?

The legal and factual issues are extremely broad. Common legal issues include whether the employer knew of or should have known of the harassment or discrimination alleged in the lawsuit and failed to respond and whether an employee complained or otherwise engaged in "protected activity." In wage and hour claims, a common legal issue to be resolved is whether an employee is exempt from overtime pay requirements or whether the employer complied with specific federal and/or state wage payment obligations (e.g. paid employees in a proper manner and within specified periods of time), meal and rest periods and limits on hours worked (e.g. required days of rest).

What have been the main growth areas in employment litigation?

One of the fastest areas of growth in employment litigation has been wage and hour class actions based on, for example, failure to pay overtime, improper classification of employees as exempt or non-exempt, and hours worked, i.e., meal and rest period breaks. Retaliation claims are also on the rise, as are non-sexual harassment claims, such as national origin and age-based claims.

To what extent has the threat of class actions become a problem for employers, and have any steps been taken to deal with this?

Class actions have taken an enormous toll on employers financially and operationally. The best way to combat a class action lawsuit is to be proactive before a suit is filed. This is especially true in the wage and hour area. Companies should audit their employee classifications to ensure that employees are classified and paid properly and their hours are recorded accurately and should educate managers and supervisors on appropriate wage and hour practices. Employers also must use appropriate risk management practices to ensure that their hiring, promotion, and other employment practices are not having a disparate impact on any protected categories.

In what circumstances will an employer be liable to an employee for the acts of its management or other employees? What steps can a company take to...