FLSA Collective Action Conditional Certification and Decertification Strategies

Evaluating Pursuit or Opposition of Certification or Decertification Motions, Navigating Challenges in Hybrid Cases

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


Conducted on Wednesday, June 16, 2021

Recorded event now available

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Program Materials

This CLE webinar will provide employment counsel with guidance for pursuing or opposing conditional certification or decertification motions in collective actions brought under the Fair Labor Standards Act (FLSA). The panel will discuss the standards courts apply when ruling on conditional certification or decertification by highlighting recent decisions in the circuit decisions, the unique issues related to pursuing certification or decertification motions, and how to address hybrid-state law cases.

Description

Wage and hour collective actions under the FLSA continue to plague employers. Obtaining conditional certification in FLSA collective actions is simple, compared to Rule 23 class actions, and provides plaintiff’s counsel more leverage to negotiate favorable settlements on behalf of employees.

Employers’ counsel strive to defeat conditional certification in FLSA collective actions to avoid the time and expense of discovery, settlement negotiations, and trial. When they are unsuccessful in opposing conditional certification, employers' counsel often pursue motions for decertification.

An increasing number of wage and hour lawsuits are filed as hybrid cases with both FLSA collective claims and state law wage and hour class claims. Frequently, plaintiffs' counsel use conditional certification as an avenue to obtain opt-ins to aid in the discovery process and to bolster their Rule 23 claims.

Listen as our authoritative panel discusses recent case law trends and strategies regarding pursuing or opposing conditional certification and decertification in FLSA collective actions.

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Outline

  1. FLSA collective actions: recent trends and case law developments
  2. Certification of FLSA collective actions: best practices for plaintiffs' and employers' counsel
    1. Notice stage
    2. Final certification stage
  3. Decertification of FLSA collective action: best practices for plaintiffs' and employers' counsel
  4. Certification considerations and best practices for hybrid cases

Benefits

The panel will review these and other crucial 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 discoverable evidence before and after conditional certification of the collective action, 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?

Faculty

Brome, Daniel
Daniel S. Brome

Attorney
Nichols Kaster

Mr. Brome focuses on class and collective actions, He represents workers seeking recovery of minimum wage, overtime,...  |  Read More

Riley, Jennifer
Jennifer A. Riley

Partner
Seyfarth Shaw

Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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