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 courts, 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
Gerald L. Maatman, Jr.
Partner
Duane Morris
Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’... | Read More
Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’ experience of practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage & hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, he also helps his clients anticipate large-scale litigations risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. Profiled in The Wall Street Journal, these audits are designed to minimize the incidence of employment-related class action litigation and to maximize management discretion and workplace productivity. Mr. Maatman has served as a legal commentator on PBS, NPR, MSNBC, CNBC and U.S. talk radio, and his comments have appeared in such publications as The Wall Street Journal, The Economist, Business Insurance, USA Today, Fortune and Forbes.
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Jennifer A. Riley
Partner
Duane Morris
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.
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