[dctoedt]

> In addition to that, it is also trivially easy for an employ[ee] to launch a civil suit. Any case with even an ounce of merit will attract lawyers willing to work on commission.

Lawyer here. Your second sentence is incorrect: (1) Litigation is far more expensive that you seem to realize; most rank-and-file employees can't afford it – when my wife, also a lawyer, and I were younger, we used to joke that we couldn't afford us. (2) The default rule in the U.S. is that each party pays its own attorney fees unless otherwise stated in a specific statute or in a contract. The availability of class actions helps plaintiffs' lawyers achieve cost savings and increase the likelihood of getting paid, but the conservative wing of the Supreme Court just helped put the kibosh on that by ruling that employers could avoid class actions by insisting on one-at-a-time arbitration, which results in massive duplication of costs. (3) An individual employee's likely damage award is almost never enough to entice a lawyer into taking the case on a contingent-fee basis, i.e., where the lawyer only gets paid if the employee prevails. (4) Consequently, it's extremely difficult for an employee to find a lawyer to take on a garden-variety case against her employer.