As the FLSA landscape continues to evolve, Seyfarth's national Wage and Hour Litigation practice group is pleased to share our observations and analysis of the 2022 FLSA litigation trends as well as our forward-looking predictions for 2023. Given FLSA litigation trends over the past decade or so, we anticipate that the volume, locations, and substance of filings in 2023 will resemble those that we can now observe retrospectively in 2022.
Worth noting, too, is the likelihood that the US Department of Labor's promise—even if delayed—to create growth in the number of employees eligible for overtime pay by revising the executive, administrative, and professional exemptions from FLSA requirements will ignite increased litigation activity, as media and other sources of market awareness focus more attention on overtime pay rights under federal and state laws. This, coupled with plaintiffs' lawyers' innovations and creativity in the cases they file, are sure to make 2023 exciting for those in the wage and hour world. Businesses' operators and in-house lawyers are right to consider the evolving, seemingly ever-present risk of employee-pay litigation to be among the most significant challenges facing them in the next year.
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We hope our analysis is of assistance to you and/or your colleagues. Should you have any questions or comments, please reach out to your Seyfarth attorney.
Brett Bartlett and Noah Finkel, co-chairs of Seyfarth's Wage & Hour Litigation Practice Group.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
