One major decision that businesses face when they are hit with a threatened or filed class or collective action is whether to change any practices or policies while the litigation matter is pending.

As attorney Paul DeCamp notes, to best assess this question, it is important to identify at the earliest possible point in the case what the future state of the business looks like. For example, years down the line after the litigation is over is there a business case for these practices to remain in place? 

On the other hand, if it is clear the future state will not involve the practices or policies challenged in the case then it is often better to make changes to your policies or practices as soon as possible.

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