No in-house counsel wants to wake up one morning to discover the company has an unexpected and unfunded $3 million contingent liability. That can happen when a relatively small group of workers brings a collective action alleging the company owes them for overtime pay. I call these suits an overtime dog pile.
Overtime suits are common these days. People call the Department of Labor so often that the agency has a “Bridge to Justice” program that refers overtime claimants to private plaintiffs counsel. But companies and their counsel don’t have to take it lying down. Here are some steps the legal team can take to protect the business before and after plaintiffs sue.
