Plaintiffs’ counsel have become increasing adept at crafting new theories of employer liability in wage-and-hour class actions.

One current trend is to attack companies for alleged violations they did not actually commit. Within this trend, plaintiffs are relying on joint employer and similar allegations to attempt to hold employers liable for wage practices of their contractors, subcontractors or temporary employment agencies. In fact, plaintiffs’ counsel predict that this tactic will be used frequently in wage-and-hour class actions throughout the next several years.