Federal wage and hour lawsuits filed under the Fair Labor Standards Act hit a record high in 2013, according to data tracked by law firm Seyfarth Shaw.

Through data obtained from the Federal Judicial Center, the number of FLSA cases filed in 2013 soared to 7,764. This number represents a 10 percent increase from the 7,064 FLSA cases that were filed in 2012. FLSA lawsuits have risen consistently since 2008. 

"With no clear catalyst during the past 12 months, this strong spike, and new high for FLSA claims, makes them one of the top threats to U.S. employers," said Richard Alfred, who chairs Seyfarth's Wage & Hour Litigation practice. “We've seen an astonishing rise in FLSA claims, but with a slim one percent increase in 2012, it's surprising to see a sharp increase like this.”

Alfred pointed to a number of issues that form the bulk of these cases. These include:

Misclassification of employees;

Uncompensated “work” performed off the clock; and

Miscalculation of overtime pay for non-exempt workers.

The significant jump in 2013 filings may be due to several factors, said Alfred. For one, the improving economy may provide incentives for plaintiffs' counsel to bring lawsuits against new and relatively unsophisticated companies with growing workforces, as well as companies whose improved financial position has made them more attractive targets, he said.

In addition, more lawyers who had not considered wage and hour claims in the past—both employment specialists and general practitioners—are now filing wage and hour lawsuits, perhaps motivated by large settlements in past cases.

Another potential factor: the economic recovery has seen an increase in employment demands on all employees—both exempt and non-exempt—that may cause them to question their employer's pay practices.