Friday, January 16, 2009, 12:49 PM

Why We Blog

Portfolio Media, Inc. has now released its 2009 Law360 Litigation Almanac, a 300-page-plus analysis of suits filed within the last calendar year. Among the findings, summarized in today's Employment Law360, are that the boom in new filings of Fair Labor Standards Act litigation, triggered by the 2004 release of new "white collar" exemption regulations, continues, with significant increases in new cases and an exponential growth of collective or "class" litigation.

Major judgments, verdicts and settlements have fueled this phenomenon. Critical issues include classification of workers - as to employer assertions of exempt status as well as challenges to independent contractor designations and the use of other contingent personnel; time worked issues ("donning and doffing," rest periods, the use of electronic communications outside regular duty hours or away from the employer's regular office facilities); and assaults on entire industry segments such as retail establishments, tipped employees, inside sales, call centers, and marketing representatives. Finally, retaliation claims are on the rise, and we forecast this as an area of even greater concern in the future.

Our blog offers a sampling of recent developments, but it can only touch on the issues which are topical, attention-grabbing, or downright unusual. Dramatic changes in government and the economy are causing us all to reevaluate our practices in an effort to avoid the distractions and expense of making war over workplace concerns. Our resolution for the new year is to continue to improve the quantity and quality of our postings to afford our readers with the best information available to assist in weathering this storm. As always, we welcome your feedback, and thank you for allowing us to take up time in your busy day.

See Employment Law360 article...


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