FLSA Collective Action Conditional Certification and Decertification Strategies

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

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, June 16, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 28, 2021

or call 1-800-926-7926

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, highlighting recent decisions in the Fifth, Sixth, Seventh, and Ninth Circuits and current approaches for providing notice to potential opt-in plaintiffs. The panel will discuss best practices for counsel in pursuing conditional certification or decertification motions and preparing compelling arguments to support or defend such motions. The panel will also address unique certification issues with hybrid cases involving both FLSA collective actions and state law wage and hour class claims.

Description

Wage and hour collective actions under the FLSA continue to plague employers. The relative ease of obtaining conditional certification in FLSA collective actions, compared to Rule 23 class actions, makes them an attractive option for plaintiffs' counsel. With a certification order, plaintiffs' counsel has more leverage to negotiate favorable settlements on behalf of employees.

Counsel for employers 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.

Determining whether and how to oppose conditional certification or pursue decertification and preparing arguments to support such motions involves evaluating several strategic factors, including the jurisdiction of the case and the nature of the plaintiffs' substantive claims.

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. Certification procedures are different under Section 216(b) of the FLSA and Rule 23 of the Federal Rules of Civil Procedure, which governs the certification of wage and hour claims for violation of state law. 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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Early Discount (through 05/28/21)

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Early Discount (through 05/28/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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