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
This CLE course 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.
Outline
- 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
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
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
Mr. Brome focuses on class and collective actions, He represents workers seeking recovery of minimum wage, overtime, commission payments, and improper meal and break deductions. Mr. Brome has dedicated his legal career to representing workers and consumers, and ardently advocates for his clients and for their just claims to unpaid wages.
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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
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings. She regularly represents companies facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members. 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.
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