I have a couple unpaid overtime cases in the complaint stage. It is my understanding that the federal courts are feeling seriously underfunded. The pending government shutdown is threatening to freeze pay and lead to furloughs. This potential slowdown in my wage and hour forum of choice has me concerned. While the Fair Labor Standards Act provides concurrent jurisdiction to state courts, neither judges, nor counsel who are commonly called to appear in county common pleas courts seem well versed in the procedures and risks presented by FLSA litigation.
The state courts do allow things to move along more quickly in the early stages of the case, particularly with discovery. Federal rules of procedure prohibit formal discovery prior to the discovery plan conference which may not be for ninety days or more after the complaint is served. Under Ohio rules, interrogatories and other paper discovery can be served with the complaint.
I think that under the circumstances of threatened funding for federal courts, a diversion to state court may be the way to go. It requires more time spent educating the court and counsel not used to FLSA litigation, but the cases will not be held hostage to congressional foolishness.
Ironically, my state court is smack in the middle of House Speaker John Boehner's Ohio district. If he were able to do his job, then I could rely on the federal courts. But he can't. So neither can I.
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