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ARTICLE · 02 JUNE 2015

Swatting Gnats

Fisher Phillips LLP
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Since the early 2000s, the buzzing gnats of employment litigation involving retailers have been individual Fair Labor Standards Act lawsuits.

United StatesEmployment and HR
Edward Harold
Edward Harold
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Since the early 2000s, the buzzing gnats of employment litigation involving retailers have been individual Fair Labor Standards Act (FLSA) lawsuits. Whether brought for unpaid overtime, working through lunches, or working off the clock, this type of individual FLSA claim has been filed thousands of times.

While FLSA claims have not gone away, a new type of “gnat lawsuit” has risen to pester companies over exceedingly minor disputes. These new lawsuits are brought under Title III of the Americans with Disabilities Act (ADA) and contend that certain aspects of buildings, bathrooms, and parking lots do not comply with the Act’s detailed regulations for building standards.

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