Defending Against Damages in Wage and Hour Litigation: Preventive and Trial Techniques

Strategies to Mitigate Liquidated Damages, Overtime and Back-Wage Calculations, and Attorney Fees

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

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Conducted on Wednesday, November 12, 2014

Recorded event now available

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Course Materials

This CLE course will educate employment counsel on preventive and trial defense techniques that will mitigate damages in wage and hour lawsuits.  Hear from experienced panelists as they discuss the utility of salary agreements and specific defense theories for various forms of damages.


Claims for violation of the FLSA continue to proliferate and defense counsel need to be able to effectively defend against damages in those cases. The amount of damages can easily skyrocket for a variety of reasons. Most cases involve multiple employees/plaintiffs and claims that extend across a substantial amount of time. Additionally, many plaintiffs demand and are awarded liquidated damages, back pay and attorney fees.

Of course, mitigation begins with the implementation of preventive measures. One of those measures includes careful drafting of salary agreements which may operate to reduce the amount of damages.

Once litigation is initiated, crafting effective defense strategies to mitigate damages is key. Overtime and back pay are common demands for which there are specific defense theories with recent case law developments. Counsel need to be able to leverage those defenses to increase the likelihood of saving their clients substantial sums.

Listen as our distinguished panel discusses effective preventive measures and defense strategies in light of the latest court developments. Specifically, the panel will review the structure and utility of salary agreements, defenses to liquidated damages, unpaid wages, attorney fees and more.



  1. Preventive techniques
    1. Salary agreements (fluctuating workweek, Belo)
    2. Error reporting
    3. Hot goods provisions
  2. Defense theories to mitigate damages
    1. Hours worked
    2. The half time calculation
    3. Liquidated damages
    4. Overtime and other wage demands
  3. Class action defense theories
  4. Attorney fees


The panel will review these and other key issues:

  • How must counsel structure defense strategy to mitigate damages in light of recent case law developments?
  • What preventive measures should be implemented to alleviate damage demands in case wage violation suits are filed?
  • What defense theories work to alleviate attorney fee demands?
  • How best may employers avoid the pursuit of “hot goods provisions”?


Teresa R. Tracy
Teresa R. Tracy

Gladstone Michel Weisberg Willner & Sloane

Ms. Tracy chairs the firm's Labor and Employment Group. She counsels and represents employers in all areas of labor...  |  Read More

Noel P. Tripp, Esq.
Noel P. Tripp, Esq.

Jackson Lewis

Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state...  |  Read More

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