As wage and hour claims explode over the legal landscape, some federal court judges are automatically referring such cases to court-annexed mediation. Often, the defendants are small employers with few assets who are overwhelmed by the costly demands for back wages, liquidated damages, statutory penalties and attorney fees. Not surprisingly, defending a wage and hour lawsuit can produce an existential crisis that sharply impedes settlement discussions at mediation.
Some small employers, in order to navigate their harsh new reality and reduce their potential liability, embrace suspect defenses. An evaluative mediator must address those mistaken defenses if only to redirect the employer to a more useful cost-benefit analysis and discussion of self-interest. Indeed, a mediator should present the following hard truths, which can be confirmed or challenged by counsel, as a predicate to a successful wage and hour mediation.
Absence of Payroll and Time Records
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
