Expanded FLSA Liability: Responding to the New Threat to CEOs, Directors and Joint Employers
Establishing Best Practices for Corporate Structuring, Pay Practice Reviews, and Employment Relationship Audits of Shared or Leased Employees
Recording of a 90-minute CLE webinar with Q&A
This CLE course will equip employment counsel with the tools necessary to tackle a new FLSA liability threat to CEOs and directors of companies and joint employers. The panel will provide techniques for responding and preventing exposure to liability.
Outline
- Personal liability in FLSA claims
- Joint employer liability in FLSA claims
- Economic realities test
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Best practices
- Avoiding liability
- Restructuring of CEO, director involvement
- Relationship restructuring in joint employment arrangements
- Review of pay practices
Benefits
The panel will review these and other key questions:
- Under what circumstances can a CEO, director or joint employer become personally liable for FLSA wage violations?
- How should employers adjust individual executives’ responsibility and authority pursuant to the economic realities test?
- How should joint employers audit their relationships with shared or leased employees?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Christopher B. Kaczmarek
Shareholder
Littler Mendelson
Mr. Kaczmarek represents employers before state and federal administrative agencies and courts. He regularly defends... | Read More
Mr. Kaczmarek represents employers before state and federal administrative agencies and courts. He regularly defends employers in litigation, including class actions and has specific knowledge of the Fair Labor Standards Act, as well as state wage and hour laws. He has written for a variety of publications and regularly gives lectures, presentations, and training sessions regarding a variety of employment law topics.
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William C. Martucci
Partner; Chair, National Employment Litigation & Policy Practice Group
Shook Hardy & Bacon
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action... | Read More
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action (employment discrimination and wage-and-hour, including California) litigation, as well as high-stakes executive disputes, whistleblower matters, and unfair competition. Working as part of a trial team, presenting and winning cases on behalf of companies before juries, and advising corporate clients concerning effective business and human resources practices are the primary activities in which Mr. Martucci engages. He has successfully tried a number of jury cases and has effectively resolved a variety of class action cases. His litigation docket is national in scope with cases throughout the U.S. His primary practice areas focus on complex class action (employment discrimination and wage & hour) litigation, Equal Employment Opportunity Commission litigation, unfair competition litigation, and business litigation. In the traditional labor relations field, Mr. Martucci has been involved in a number of NLRB representations, as well as serving as strategic labor relations counsel for national companies.
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