Healthcare Employee Wage and Hour Collective Claims: Growing Litigation Threat

Avoiding, Defending and Settling FLSA Actions Against Hospitals and Providers

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, May 5, 2010
Recorded event now available


This CLE webinar will provide guidance to healthcare counsel to avoid or minimize wage and hour collective and class action litigation. The panel will examine recent trends in FLSA and state lawsuits against hospitals, offer strategies to avoid being a target of lawsuit, and suggest defense and settlement tactics.

Description

Wage and hour actions targeting the health care industry have exploded recently, exposing hospitals to expensive and time consuming litigation. This trend is expected to continue through 2010. A recent $9 million settlement with a New York hospital illustrates the magnitude of this new threat.

Plaintiffs’ attorneys are aggressively recruiting potential plaintiffs for these actions. Law firms have contacted healthcare employees directly to encourage lawsuits and have set up websites touting significant settlements and highlighting hospitals under investigation for wage and hour violations.

The surge in collective and class claims targeting the healthcare industry requires hospitals to develop innovative defenses against the suits. Counsel for hospitals must also craft effective settlement strategies to minimize the time and expense of litigation.

Listen as our panel of wage and hour attorneys with experience representing healthcare entities discusses recent developments in wage and hour actions against hospitals and other healthcare providers; explains areas most frequently targeted for non-compliance; and provides strategies for avoiding, defending and settling wage and hour collective and class claims.

Outline

  1. Current trends
    1. Aggressive plaintiffs’ attorneys
    2. Heightened DOL enforcement
    3. Lawsuits filed
    4. Collective actions versus class actions
  2. Targeted areas
    1. Automatic meal break deductions
    2. Unauthorized hours worked
    3. On-call time
    4. Travel time
    5. Home health care
    6. Employee misclassification
    7. Rate of pay and shift differentials
  3. Strategies to avoid, defend and settle claims
    1. Audit and update existing wage and hour policies, procedures and practices
    2. Training for employees and managers
    3. Defense strategies
    4. Settlement strategies

Benefits

The panel will review these and other key questions:

  • What are the bases for the recent surge in FLSA and state law collective and class claims in the healthcare industry — and how are hospital attorneys responding?
  • What legal and practical steps should healthcare providers take to minimize the likelihood of lawsuits alleging wage and hour violations?
  • What are the key considerations for healthcare counsel when structuring a settlement to meet their clients' best interests and obtain court approval?

Faculty

Lee Schreter, Shareholder
Littler Mendelson, Atlanta

She represents employers in class and collective actions involving overtime and other wage-related claims. She specializes in assisting employers in developing forward thinking compliance measures. She is an editor and contributing author to the “Fair Labor Standards Act” published by the American Bar Association and is a frequent speaker before industry and trade associations.

Alison B. Marshall, Partner
Jones Day, Washington, D.C.

She is an active litigator who has extensive experience handling complex employment litigation matters including employment discrimination class actions and wage and hour class actions. She is a frequent speaker on employment and civil rights issues and the author of a number of published articles on EEO issues.

Shanti Atkins, President & CEO
ELT, San Francisco

She has advised hundreds of companies on strategic risk management initiatives, and has unique expertise in wage and hour dispute prevention. Under her leadership, ELT developed the first online wage and hour training course that went on to become one of the Human Resource Executive® Top Training Products of the Year in 2008.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, FL, GA, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $49.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

The program included very informative information on an important subject.

Jamie L. Webb

Baker Manock & Jensen PC

I liked the topic and the tools provided in the handouts.

Mildred Johnson

Texas Tech University Health Sciences Center

The webinar was clearly presented and organized. It was a good mixture of the law and practice.

David N. Crapo

Gibbons P.C.

The seminar provided good practical examples and advice plus good Q&A.

Don Weinbren

Trenam Kemker

The speaker's practical discussions were particularly helpful.

Kenneth J. Clarkson

Sullivan, Ward, Asher & Patton

or call 1-800-926-7926

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Rivkin Radler

John J. Miles

Principal

Ober Kaler

Gregg D. Reisman

Partner

Garfunkel Wild & Travis

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Cozen O’Connor

Jesse A. Witten

Partner

Drinker Biddle & Reath

or call 1-800-926-7926

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