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 good faith or avoidable consequences affirmative defenses in wage and hour cases?
- What strategies should counsel for employees use to challenge the good faith or avoidable consequences defenses in wage and hour litigation?
- What policies and practices should employers establish to enable them to assert certain affirmative defenses?
Louisa J. Johnson
Ms. Johnson is a member of the firm’s national Wage & Hour Litigation Practice Group where she devotes the... | Read More
Ms. Johnson is a member of the firm’s national Wage & Hour Litigation Practice Group where she devotes the majority of her practice to defending management in both single-plaintiff and complex federal and state wage and hour litigation and to conducting preventative workplace assessments of employers’ pay practices and employee classifications to ensure compliance with the FLSA and state wage and hour laws. She has conducted more than thirty preventative workplace assessments for companies regarding the classification of employees as exempt or non-exempt, the pay practices and policies with respect to non-exempt, overtime-eligible employees (including tipped employees), and the classification of certain workers as independent contractors.Close
Melissa Lardo Stewart
Outten & Golden
Ms. Stewart primarily litigates class wage and hour and discrimination cases. She has represented employees across many... | Read More
Ms. Stewart primarily litigates class wage and hour and discrimination cases. She has represented employees across many industries, including restaurant workers, retail workers, mortgage loan officers, service and installation technicians, call center workers, and financial services employees. Ms. Stewart is active in her professional community, and currently serves as a board member for the New York affiliate of the National Employment Lawyers Association.Close
Noel P. Tripp
Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state... | Read More
Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principal focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws.Close