Often, attorneys advise clients on FLSA issues, such as exemption issues.  Then, a lawsuit ensues and the employer may want to use the defense that it relied in good faith on its attorney’s advice.  The potential problem that creates is that the plaintiffs may then seek production of the otherwise confidential communications on this issue

What scares me the most about a USDOL audit or a FLSA lawsuit is the threat of liquidated damages. These damages, which double the wages due, are imposed almost routinely in court cases and are being imposed more and more by the administrative agency.  Well, sometimes the pendulum swings the other way, as illustrated by