Wage & Hour Collective and Class Actions: Asserting and Challenging Affirmative Defenses
Leveraging Good Faith, Doctrine of Avoidable Consequences and Other Defenses
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance for employment counsel on leveraging affirmative defenses in wage and hour cases. The panel will explain strategies for counsel for employers and employees when asserting or challenging affirmative defenses in Fair Labor Standards Act (FLSA) and state class and collective actions.
- Overview of affirmative defenses to FLSA and state wage and hour claims
- Best practices for asserting affirmative defenses
- Establish policy and reporting procedure
- Training for managers and employees
- Correct improper pay practices
- Pay back wages
- Challenging affirmative defenses—plaintiff’s perspective
The panel will review these and other key issues:
- What affirmative defenses may be useful in defeating certification?
- 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 avoidable consequences defense in wage and hour litigation?
- What policies and practices should employers establish to enable them to assert certain affirmative defenses?
Mr. Gipson represents and counsels employers in all areas of employment law, including state and federal wage and hour,... | Read More
Mr. Gipson represents and counsels employers in all areas of employment law, including state and federal wage and hour, discrimination and harassment matters, employee coaching and performance documentation, non-discrimination and harassment, leaves of absence, traditional labor matters, executive compensation, and separation and reductions in force. He also assists clients in investigating alleged violations of violations of labor, employment and whistleblower laws. Mr. Gipson is a frequent author and lecturer on labor and employment law.Close
Marc S. Hepworth
Hepworth Gershbaum & Roth
Mr. Hepworth leads the firm’s Wage and Hour Team and has worked extensively on complex class and... | Read More
Mr. Hepworth leads the firm’s Wage and Hour Team and has worked extensively on complex class and collective action cases. He has been lead or co-lead counsel in cases across the country wherein employees have been denied their overtime wages. In the past few years alone, Mr. Hepworth has been lead or co-lead counsel in cases which have settled in excess of $50 million.Close
Joshua B. Waxman
Mr. Waxman has a wide-ranging labor and employment law practice with a primary focus on complex labor and... | Read More
Mr. Waxman has a wide-ranging labor and employment law practice with a primary focus on complex labor and employment litigation and strategic labor advice. He represents clients across the country in connection with state and federal class and collective action, single-plaintiff and multi-plaintiff litigation and traditional labor matters, as well as matters before government agencies, including the DOL, NLRB and the EEOC.Close