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

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Conducted on Wednesday, October 20, 2010

Recorded event now available

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Course Materials

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.


Wage and hour collective actions under the Fair Labor Standards Act (FLSA) have increased over the past few years, exposing employers to expensive litigation. This trend is expected to continue.

FLSA addresses collective actions only very broadly, leading to uncertainty about the standards and procedures for creating collective actions. Questions surrounding certification of the collective action, discovery, decertification and settlement abound in FLSA litigation.

Employers counsel must develop effective defenses against collective action suits that anticipate discovery, certification and settlement challenges. Counsel for employers and employees should also craft effective settlement strategies to minimize the time and expense of litigation.

Listen as our authoritative panel of wage and hour litigators provides strategies for pursuing and defending FLSA wage and hour collective actions. The panel will explain how to overcome challenges presented by discovery, certification and settlement and will outline best practices for reaching settlements.



  1. Collective actions — overview
    1. Fair Labor Standards Action Section 216(b) as authority for collective actions
    2. Current litigation trends
  2. Key litigation challenges in FLSA actions
    1. Certification of action
      1. Notice stage
      2. Final certification stage
    2. Decertification
    3. Discovery
    4. Data and e-discovery challenges
  3. Settlement strategies
    1. Mediation
    2. Court-approved settlements


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?


Cleland, A. Craig
A. Craig Cleland

Ogletree Deakins Nash Smoak & Stewart

Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and...  |  Read More

Martucci, William
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

Martin T. Wymer
Martin T. Wymer

Baker Hostetler

He is Co-Chair of the firm’s National Employment Litigation Practice Team. He concentrates his practice in the...  |  Read More

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