As any employer who has gone through a class action lawsuit for alleged wage and hour violations can verify, the experience can be a nightmare.

It starts out innocuously enough: a lawyer serves a lawsuit on behalf of one or more current or former employees claiming they were not paid overtime either because they were misclassified as exempt employees or as independent contractors, or because certain break time, wait time or travel time was not counted as time worked in computing overtime computation. But the lawsuit purports to be not only on behalf of the named plaintiffs but also on behalf of “all other similarly situated employees” and seeks collective action or class certification from the court.

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