Wage and Hour Collective and Class Claims: The Continuing Litigation Threat
Pursuing, Defending and Settling FLSA Actions as Costs Skyrocket
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide litigation strategies for pursuing and defending against wage and hour collective and class claims and will outline best practices for reaching fair settlements.
Outline
- Plaintiffs’ strategies for obtaining class certification and prevailing at trial
- FLSA action or state law class action?
- Burden of proof
- Defense strategies for defeating class certification and prevailing at trial
- Defeating class certification
- Decertification
- Arbitration clauses
- Good faith defenses
- Removal of state court cases to federal court
- Affirmative defenses specific to wage and hour litigation
- Effective defense of Fed. R. Civ. P. 30(b)(6) depositions
- Summary judgment
- Discovery strategies — for plaintiffs and defendants
- Personnel files and other confidential information
- Use of sampling techniques
- Settlement strategies — for plaintiffs and defendants
- Mediation
- Court supervised settlements
- DOL supervised settlements
Benefits
The panel will review these and other key questions:
- What strategies have been successful for plaintiff's attorneys for overcoming class certification challenges when pursuing wage and hour class actions?
- How are defense attorneys responding to the recent surge in FLSA and state law collective and class claims?
- What are the most efficient discovery strategies for counsel for employers and employees in wage and hour litigation?
- What are the key considerations for counsel when structuring a settlement to meet clients' best interests and obtain court approval?
Faculty
James F. Glunt
Shareholder
Buchanan Ingersoll & Rooney
His practice involves a wide variety of labor and employment issues. He helps clients avoid litigation through... | Read More
His practice involves a wide variety of labor and employment issues. He helps clients avoid litigation through counseling regarding policies and procedures and government regulations. He also handles employment litigation in state and federal courts and before administrative agencies.
CloseMichele R. Fisher
Partner
Nichols Kaster
She has extensive experience representing employees in a variety of employment issues including employment... | Read More
She has extensive experience representing employees in a variety of employment issues including employment discrimination and retaliation, sexual harassment, and contract disputes. Her practice includes numerous multi-plaintiff class and collective actions involving wage and hour issues such as failure to pay overtime and minimum wage, failure to pay commissions, and violations of ERISA.
CloseA. Craig Cleland
Shareholder
Ogletree Deakins Nash Smoak & Stewart
Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and... | Read More
Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and risk management. He is also Co-Chair of the firm’s Class Action Practice Group. He teaches Employment Discrimination Law as an Adjunct Professor at Georgia State University College of Law.
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