Waging a battle

Wage and hour suits have emerged from the factory floor and are going through the roof.
Employers of all kinds, big and small, are facing more and more claims they failed to pay workers the wages and overtime to which they are entitled under federal and state law.
As reported on page one, not only have these lawsuits outpaced all other workplace actions since 2005, companies are regularly facing multi-million dollar verdicts and settlements resulting from class-action certifications.
A catalyst to this litigation explosion is the willingness of judges to certify class actions for claims that individually don’t amount to much. But within the past few months, some courts have showed a willingness to reject class actions.
We examine ways in-house counsel can avoid or minimize liability resulting from these actions. Getting a firm understanding of the revised Department of Labor rules on classifying workers is a start. Auditing your workforce regularly and consistently is another important step to take. Training your managers is also a key component of a “preventative” strategy.
You can find these and more tips in our coverage of this critical issue facing companies in our region.
Also in this edition, we take a look at the potential impact of important recent rulings from the Supreme Court involving patent law and Title VII.
As always, we have a great lineup of guest writers who provide keen assessments of developments in a number of areas, including the latest news from the Securities and Exchange Commission and the new Massachusetts health care law.
Also, a well-known Boston litigator offers a thought-provoking analysis of the most effective way to build a longstanding relationship with outside litigation counsel – which doesn’t include “litigation management guidelines.”
As always, feel free to give me a shout at 617.218.8141 or [email protected] should you have any questions or want to discuss ways we can continue making New England In-House and indispensable source of information for in-house lawyers in our region.

Paul D. Boynton
Publisher