The Florida Employment & Immigration Law Blog has an interesting post today on an FLSA case in federal court in Florida where the employees’ lawyers were sanctioned for soliciting potential clients in violation of the Florida Rules. The post is here. More after the break.
The blog post has links to the Court’s opinions and orders relating to the sanctions. The following quote caught our attention:
This Court would also note that, according to the Administrative Office of the United States Courts, for the past five years the Southern District of Florida has averaged 28.7% of all FLSA cases filed in the United States. This would cause one to wonder if the employers in the Southern District are willfully ignoring the FLSA. The more logical conclusion is that FLSA cases are heavily weighted in favor of the plaintiff. Most cases are filed against small businesses which quickly realize that it is cheaper to pay a small claim and the plaintiff’s attorney’s fee than it is to defend the claims. Very few FLSA cases go to trial. It is clear that the volume of cases in the Southern District is attorney-driven.
The judge’s statements are very true. The deck is stacked in favor of the plaintiff in FLSA cases, particularly with smaller employers. All the more reason to make sure that your company is in compliance before the lawsuit arrives!