Hybrid FLSA Collective Actions and State Wage and Hour Class Actions

Complexities of Opt-In Collective Actions and Rule 23 Opt-Out Class Actions

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

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Conducted on Wednesday, October 20, 2021

Recorded event now available

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Course Materials

This CLE course will examine the unique strategic issues hybrid wage/hour cases present for employment litigators and offer practical tips for navigating Fair Labor Standards Act (FLSA) collective actions and state wage and hour class claims simultaneously.

Description

An increasing number of wage and hour lawsuits are filed as hybrid cases that include federal FLSA collective claims and state wage and hour class claims. Plaintiffs see procedural and substantive advantages in hybrid class actions. Defendants fear increased liability exposure and more complex litigation.

The mechanisms for bringing and defending claims under the FLSA and state laws are different and confusing for parties and counsel. Plaintiffs must navigate cases requiring them to opt into one class and opt out of another.

Employers defending against hybrid wage and hour class actions must determine the best approach for their case--seek removal, attack on jurisdiction grounds, address the merits first or oppose certification. Settling hybrid collective/class actions also presents unique challenges.

Listen as our authoritative panel of employment litigators explains the latest trends in hybrid wage and hour cases and discusses considerations and tactics for employment attorneys navigating federal and state wage and hour procedures simultaneously.

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Outline

  1. Recent trends and case law developments in FLSA hybrid collective and class actions
  2. Considerations for litigating hybrid cases
    1. Removal considerations
    2. Jurisdictional issues, including CAFA and Bristol-Myers doctrine
    3. Class certification issues
    4. Settlement issues

Benefits

The panel will review these and other key issues:

  • Latest trends in hybrid wage and hour class and collective actions
  • Advantages to plaintiffs of filing hybrid class actions
  • Effective strategies for employment litigators seeking to defend against a hybrid claim
  • Challenges of settling hybrid class and collective actions

Faculty

Anthony, William
William J. Anthony
Partner
Blank Rome

Mr. Anthony focuses his labor and employment practice on class, collective, and multi-party actions, including a broad...  |  Read More

Tripp, Noel
Noel P. Tripp
Principal
Jackson Lewis

Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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