FLSA Collective Action Conditional Certification and Decertification Strategies
Evaluating Whether to Pursue or Oppose Certification or Decertification Motions, Navigating Certification Challenges in Hybrid Cases
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide employment counsel with guidance for pursuing or opposing conditional certification or decertification motions in collective actions brought under the federal Fair Labor Standards Act (FLSA). The panel will discuss the standards courts are applying when ruling on conditional certification or decertification, and best practices for counsel for pursuing conditional certification or decertification motions and preparing compelling arguments to support such motions. The panel will also discuss unique certification issues with hybrid cases involving both FLSA collective actions and state law wage and hour class claims.
- FLSA collective actions—recent trends and case law developments
- Certification of FLSA collective actions—best practices for plaintiffs’ and employers’ counsel
- Notice stage
- Final certification stage
- Decertification of FLSA collective action—best practices for plaintiffs’ and employers’ counsel
- Certification considerations and best practices for hybrid cases
The panel will review these and other key issues:
- What are the recent case law trends concerning the standards for conditional certification or decertification of FLSA collective actions?
- What are some best practices for plaintiffs’ and employers’ counsel for pursuing or opposing conditional certification or decertification motions?
- What is the scope of evidence that is discoverable before and after conditional certification of the collective class and how can employers’ counsel limit or best manage discovery?
- What are the unique certification issues for hybrid FLSA collective claims and state law wage and hour claims?
Matthew C. Helland
Mr. Helland has handled both large class actions and individual matters throughout this career and has developed a... | Read More
Mr. Helland has handled both large class actions and individual matters throughout this career and has developed a record of success in significant and complex litigation. His cases involve a variety of issues, including wage and hour rights, WARN Act violations, breach of contract, Truth in Lending Act claims, and severance negotiations. Mr. Helland is a frequent lecturer on wage and hour claims, among other topics.Close
Jennifer A. Riley
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class... | Read More
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings. Ms. Riley counsels and defends employers from a range of employment law theories, including claims of race, age, gender, and disability discrimination, sexual harassment, retaliation, and alleged wage and hour violations.Close
Peter J. Wozniak
Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class... | Read More
Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class actions and single plaintiff litigation, EEOC pattern or practice lawsuits, and wage & hour class and collective actions. Mr. Wozniak is a litigator with in-depth experience performing a broad range of outcome critical functions in support of complex matters having multi¬million dollar and business-essential consequences for some of the world’s largest corporations. His experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post-¬trial appeals.Close