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

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Conducted on Wednesday, March 24, 2010

Recorded event now available

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Course Materials

This CLE course 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.


Wage and hour class and collective actions have exploded over the past few years, exposing employers to expensive and time consuming litigation. This trend continued through 2009 and is not expected to abate through 2010.

The 10 largest class action wage and hour settlements in 2008 totaled $252 million. In late 2009, Wal-Mart received court approval to pay between $65 and $85 million to resolve 39 consolidated wage and hour class actions involving more than three million employees—the largest class ever.

The surge in litigation alleging Fair Labor Standards Act (FLSA) and state law violations requires employers to develop innovative defenses against the suits. Counsel for employers and employees must also craft effective settlement strategies to minimize the time and expense of litigation.

Listen as our panel of employment law attorneys—both plaintiff and defense—provides effective strategies for pursuing and defending against FLSA and state law claims and best practices for reaching settlements.



  1. Plaintiffs’ strategies for obtaining class certification and prevailing at trial
    1. FLSA action or state law class action?
    2. Burden of proof
  2. Defense strategies for defeating class certification and prevailing at trial
    1. Defeating class certification
    2. Decertification
    3. Arbitration clauses
    4. Good faith defenses
    5. Removal of state court cases to federal court
    6. Affirmative defenses specific to wage and hour litigation
    7. Effective defense of Fed. R. Civ. P. 30(b)(6) depositions
    8. Summary judgment
  3. Discovery strategies — for plaintiffs and defendants
    1. Personnel files and other confidential information
    2. Use of sampling techniques
  4. Settlement strategies — for plaintiffs and defendants
    1. Mediation
    2. Court supervised settlements
    3. DOL supervised settlements


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?


James F. Glunt
James F. Glunt

Buchanan Ingersoll & Rooney

His practice involves a wide variety of labor and employment issues. He helps clients avoid litigation through...  |  Read More

Michele R. Fisher
Michele R. Fisher

Nichols Kaster

She has extensive experience representing employees in a variety of employment issues including employment...  |  Read More

Cleland, A. Craig
A. Craig Cleland

Ogletree Deakins Nash Smoak & Stewart

Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and...  |  Read More

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