Most cases settle before trial as a result of mediation. To maximize mediation outcomes for wage-and-hour claims, counsel must understand and be prepared to explain the facts and their impact on recovery under applicable wage-and-hour laws. Counsel must also realize what influences others, including the mediator.

Filing wage-and-hour claims Wage-and-hour claims can be filed in state or federal court. They can be framed as individual actions, class actions, Fair Labor Standards Act (FLSA) collective actions, or representative Private Attorneys General Act (PAGA) actions – and each of those can assert various claims under federal and/or state wageand-hour laws.

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