FLSA Litigation and Enforcement: Latest Challenges

Complying With Off-the-Clock Work Prohibitions, Tip Credit and Tip Pooling Rules, and Time Reporting Requirements

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, December 7, 2010

Recorded event now available

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Course Materials

This CLE course will provide best practices for employers' counsel facing current Fair Labor Standards Act enforcement and litigation hot-button issues, including claims of off-the-clock work, tip credit and tip pooling violations, and time reporting violations.


Wage and hour compliance under the Fair Labor Standards Act (FLSA) is a top priority for employers amid soaring FLSA lawsuits and increased Department of Labor enforcement. As scrutiny of wage and hour practices continues, employers must prepare to minimize liability exposure.

Counsel advising employers on achieving FLSA compliance are seeing more and more claims involving complicated tip credit and tip pooling rules, off-the-clock work, and challenging time reporting requirements.

The DOL can require employers found to be in violation of FLSA to pay unpaid wages, penalties and plaintiffs' attorney fees. Many FLSA claims become collective actions involving similarly situated plaintiffs, so noncompliance with FLSA can quickly become very expensive.

Listen as our authoritative panel of employment law attorneys discusses current wage and hour enforcement and litigation trends. The panel will outline best practices for employers' counsel to avoid FLSA litigation and minimize liability exposure.



  1. Enforcement trends and best practices for employers' counsel
    1. Department of Labor (DOL) wage and hour audits
    2. DOL misclassification initiative
  2. Litigation trends and best practices for employers' counsel
    1. Exempt vs. non-exempt
    2. Tip pools and tip credits
    3. Off the clock work claims


The panel will review these and other key questions:

  • How are employers' attorneys responding to the recent surge in FLSA lawsuits?
  • What current enforcement efforts are underway to increase compliance with the FLSA?
  • What are the potential penalties facing employers for violating the FLSA?
  • What are the best practices for companies to minimize penalties and liability when dealing with exemptions, tip credit and tip pooling, and off-the-clock work claims under the FLSA?


Richard D. Tuschman
Richard D. Tuschman

Epstein Becker & Green

He is a Member of the Firm in the Labor and Employment and Litigation practices. He has significant litigation...  |  Read More

Matthew W. Ray
Matthew W. Ray

Jones Day

He represents corporate clients in complex litigation matters with a focus on employment. His litigation practice...  |  Read More

James F. Glunt
James F. Glunt

Ogletree Deakins Nash Smoak & Stewart

He helps clients avoid employment litigation and minimize risk through counseling on subjects such as reductions in...  |  Read More

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