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I’m concerned about the rising tide of labor litigation. What can I do to better manage my business’s risks?

In this month’s Louisville Business First Legal Forum Column, BGD partner Blaine R. Blood discusses what businesses can do to lessen the risk of being involved in labor lawsuits. Read his advice below and don’t miss our monthly legal forum column in Louisville Business First! 

Topic
I’m concerned about the rising tide of labor litigation. What can I do to better manage my business’s risks?

Advice
It’s no secret that business is booming at the Department of Labor. In fact, lawsuits under the federal Fair Labor Standards Act were up about 10 percent in 2013. Many of those lawsuits include expensive and time-consuming class or collective action litigation. 

One way to avoid or mitigate some of the risks is to have employees sign a class action waiver set forth in an arbitration agreement. This kind of agreement, if executed correctly, will prevent an employee from dragging the company into class action litigation, and will require the employee to resolve the dispute “one-on-one” in private arbitration. 

Having employees sign a statute of limitations waiver is another option to consider. Because the statute of limitations is, in short, the deadline by which a legal claim must be filed, an employee may sign a waiver, which shortens the deadline, thereby reducing the time frame by which a claim must be filed. 


To learn more about Blaine R. Blood and his practice, please visit his profile

To view the latest Legal Forum Column, please click here

  • Partner

    Blaine is a partner in the firm's Louisville office and a member of the Labor and Employment Practice Group. Blaine advises clients on employment law matters arising under a broad range of state and federal laws affecting employers ...

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