In the last several years, the U.S. Supreme Court made it tougher for individuals to bring forth successful discrimination lawsuits - particularly class action cases. One of the most recent examples is that of Wal-Mart Stores v. Dukes, decided in 2011.
However, workers haven't stopped filing employment lawsuits in New York. What it appears they are doing is shifting gears. Rather than focusing on things like racial discrimination, workers have been filing a larger number of wage-and-hour lawsuits. Most commonly, they allege employers misclassify workers, allowing them to skirt overtime pay and other benefits.
According to the annual Workplace Class Action Litigation Report, there were approximately 10 percent more wage-and-hour lawsuits filed last years as compared to what was filed in 2012. This year, it appears we might be on track to see even more wage-and-hour claims.
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