Litigating Wage and Hour Class Actions: Defeating Certification and Winning Decertification
Leveraging Lessons From Dukes, Comcast, and Duran to Challenge Evidence on Liability and Damages
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will help counsel for employers to continue the processes and procedures established by Dukes, Comcast, and their progeny to successfully challenge the certification of wage and hour class actions, including strategies for demonstrating a lack of commonality and predominance among the putative class.
Outline
- Review and synthesis of Dukes, Comcast, Duran, Tyson, and their progeny
- Challenging plaintiffs' liability and damages evidence supporting certification
- Refuting statistical sampling evidence offered to support liability
- Exploiting distinctions among class members that impact both liability and damages
- Monitoring case manageability for opportunities to seek decertification
Benefits
The panel will review these and other noteworthy issues:
- What are the highest priority merits issues for defendants at the certification stage?
- What evidence will refute an allegation of a standard policy or practice that violates wage and hour laws?
- How can defense counsel make the most of expert witness testimony at certification?
Faculty

Andrew L. Chang
Partner
Shook Hardy & Bacon
Mr. Chang focuses on individual, mass tort and class actions involving automotive, pharmaceutical, medical device and... | Read More
Mr. Chang focuses on individual, mass tort and class actions involving automotive, pharmaceutical, medical device and other consumer products. With experience in all phases of civil litigation, Andrew has drafted and argued successful motions, briefs and appeals for matters before both state and federal courts and participated in numerous jury trials. He has represented companies in business, environmental and employment litigation related to consumer fraud, contract disputes, trade secrets, California wage-and-hour, copyright infringement, architectural design and construction law, overtime and Employee Retirement Income Security Act benefits, and insurance coverage.
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Ashley N. Harrison
Partner
Shook Hardy & Bacon
Ms. Harrison’s practice focuses on representing businesses nationally in commercial disputes and employment... | Read More
Ms. Harrison’s practice focuses on representing businesses nationally in commercial disputes and employment matters. She has worked extensively on wage-and-hour class and collective actions in a variety of industries. Ms. Harrison has also presented and written on a variety of wage-and-hour-related matters, including on the topics of defense strategy for wage-and-hour class litigation and the use of statistical evidence in wage-and-hour cases.
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William C. Martucci
Partner
Shook Hardy & Bacon
Mr. Martucci practices exclusively on behalf of management in connection with national employment litigation and policy... | Read More
Mr. Martucci practices exclusively on behalf of management in connection with national employment litigation and policy matters. He has successfully defended various employment lawsuits and written and lectured extensively on employment law issues throughout the country. He has successfully tried a number of jury cases and has effectively managed a variety of class action cases.
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