Complex state and federal laws, the ease of winning a class action certification and the recent increase in layoffs has created a perfect storm for employers trying to avoid wage-and-hour litigation. "It's one of the biggest threats to employers from an employment law standpoint," says Brian T. McMillan. Plaintiff attorneys have kind of stumbled upon what is now the litigation du jour, which can mean enormous liability for employers as well as plaintiffs' ability to recover attorney fees.

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