Innovative Wage and Hour Litigation Strategy: The Faragher-Ellerth Defense
Asserting and Challenging the Avoidable Consequences Affirmative Defense in FLSA and State Collective and Class Actions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance for employment counsel on the emerging use of the Faragher-Ellerth theory in wage and hour cases. The panel will explain strategies for counsel for employers and employees when asserting or challenging this innovative defense in FLSA and state class and collective actions.
- Overview of Faragher-Ellerth defense
- Application of defense to FLSA and state wage and hour claims
- Best practices for asserting Faragher-Ellerth defense
- Establish policy and reporting procedure
- Training for managers and employees
- Correct improper pay practices
- Pay back wages
- Challenging the Faragher-Ellerth defense—plaintiff’s perspective
The panel will review these and other key questions:
- How is the Faragher-Ellerth defense, typically argued in sexual harassment cases, being used by employers' counsel to defend wage and hour class actions?
- What are some best practices for employers' counsel asserting the avoidable consequences affirmative defense in wage and hour cases?
- What strategies should counsel for employees use to challenge the application of the Faragher-Ellerth defense in wage and hour litigation?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Lisa (Lee) A. Schreter
Chairman of the Board
Ms. Schreter is Co-Chair of the firm’s Wage and Hour Practice Group. She focuses on representing employers in... | Read More
Ms. Schreter is Co-Chair of the firm’s Wage and Hour Practice Group. She focuses on representing employers in complex class and collective actions involving overtime and other wage-related claims and specializes in helping employers to develop forward-thinking compliance measures that reduce wage and hour disputes and other employment-related issues. Ms. Schreter also represents and counsels management clients in connection with all other types of labor and employment matters arising under federal and state laws.Close
Adam T. Klein
Outten & Golden
He chairs the firm's Class Action Practice Group. He serves as lead or co-lead plaintiffs' counsel in wage and... | Read More
He chairs the firm's Class Action Practice Group. He serves as lead or co-lead plaintiffs' counsel in wage and hour class and collective actions against numerous major corporations. He is a frequent speaker on employment law topics.Close