FLSA Collective Action Litigation Strategies
Navigating Certification, Discovery and Settlement Issues in Wage and Hour Collective Lawsuits
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide employment counsel with litigation strategies for pursuing and defending FLSA wage and hour collective action lawsuits. The panel will offer best practices for reaching settlements that minimize the time and expense involved in litigation.
Outline
- Collective actions — overview
- Fair Labor Standards Action Section 216(b) as authority for collective actions
- Current litigation trends
- Key litigation challenges in FLSA actions
- Certification of action
- Notice stage
- Final certification stage
- Decertification
- Discovery
- Data and e-discovery challenges
- Certification of action
- Settlement strategies
- Mediation
- Court-approved settlements
Benefits
The panel will review these and other key questions:
- How are defense attorneys responding to the recent surge in FLSA collective claims?
- What are the recent case law trends concerning the standards for certification of collective actions?
- What are the most efficient discovery strategies for counsel for employers and employees in wage and hour collective litigation?
- What are the key considerations for counsel when structuring a settlement to meet clients' best interests and obtain court approval?
Faculty
A. Craig Cleland
Shareholder
Ogletree Deakins Nash Smoak & Stewart
Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and... | Read More
Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and risk management. He is also Co-Chair of the firm’s Class Action Practice Group. He teaches Employment Discrimination Law as an Adjunct Professor at Georgia State University College of Law.
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William C. Martucci
Partner; Chair, National Employment Litigation & Policy Practice Group
Shook Hardy & Bacon
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action... | Read More
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action (employment discrimination and wage-and-hour, including California) litigation, as well as high-stakes executive disputes, whistleblower matters, and unfair competition. Working as part of a trial team, presenting and winning cases on behalf of companies before juries, and advising corporate clients concerning effective business and human resources practices are the primary activities in which Mr. Martucci engages. He has successfully tried a number of jury cases and has effectively resolved a variety of class action cases. His litigation docket is national in scope with cases throughout the U.S. His primary practice areas focus on complex class action (employment discrimination and wage & hour) litigation, Equal Employment Opportunity Commission litigation, unfair competition litigation, and business litigation. In the traditional labor relations field, Mr. Martucci has been involved in a number of NLRB representations, as well as serving as strategic labor relations counsel for national companies.
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Martin T. Wymer
Partner
Baker Hostetler
He is Co-Chair of the firm’s National Employment Litigation Practice Team. He concentrates his practice in the... | Read More
He is Co-Chair of the firm’s National Employment Litigation Practice Team. He concentrates his practice in the representation of corporations in complex employment litigation (including employee wage and hour class action litigation, executive termination litigation and Sarbanes-Oxley retaliation proceedings) and day-to-day counseling on general labor relations and employment matters.
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