Wage and hour litigation is surging across the United States, with Washington State emerging as a high-exposure target for meal and rest break class actions, while approximately 20 states navigate increasingly complex and inconsistent break requirements. Employers face mounting challenges from off-the-clock lawsuits, expanding pay transparency laws in about 20 jurisdictions, and evolving interpretations of compensable time that are costing companies millions in settlements.
With all of the rapid changes in the workplace we have experienced lately, what is happening in the wage and hour space that should command our attention?
A lot. In the Pacific Northwest, there’s been intense activity from California plaintiffs’ firms filing wage and-hour class actions. In fact, Washington State is viewed as the next high exposure target for meal and rest break claims. But that’s not limited to Washington State.
Beyond Washington, approximately 20 states have adopted meal or rest break requirements, and the patchwork of inconsistent state laws keeps getting more complex - with Minnesota creating new requirements and penalties just this year.
So, employers now need more than just a California supplement to their national wage and hour compliance strategy. Today, they need intentional, state by state review and analysis. And that’s not all. We are seeing a surge of off-the-clock lawsuits. Many state courts have rejected the Portal-to-Portal Act under state law, opening the door to claims...
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