Lawsuits for overtime on the rise

Lawsuit for unpaid overtime increased 32 percent last year compared with numbers from 2008, according to USA Today. Many employers were forced to lay off workers during the recession. Those they kept often worked extra hours to make up for the diminished workforce. Those employees are now striking back, demanding back wages for their employee attendance.

Most claims involve employees working off the clock (before or after a scheduled shift without accounting for the extra time), misclassifications that qualified them as exempt employees and remote work with mobile devices that was not accounted for.

"A lot of companies make a business decision to say, 'We can cut corners on this, and we won't get sued,' " plaintiffs' attorney David Schlesinger of Nichols Kaster in Minneapolis told the source.

The Department of Labor has added 300 Wage and Hour investigators over the past two years and plans to increase its staff by 40 percent to 1,050, the news source reports.

Employers can avoid employee claims by adhering to Fair Labor Standards Act (FLSA) provisions for overtime and recordkeeping. Proper documentation of job descriptions and time attendance can prove that a company is in compliance if they are being investigated by the Department of Labor's Wage and Hour Division.