Wage and Hour Litigation: Effective Use of Expert Witnesses

Selecting an Appropriate Expert and Leveraging Expert Testimony During Class Certification, Motion Hearings and Trial

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, May 24, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to wage and hour litigators for selecting, preparing and working with expert witnesses during class certification, motion hearings and trial.


Wage and hour class and collective actions brought under the Fair Labor Standards Act (FLSA) and state law have exploded, exposing employers to expensive and time consuming litigation. The trend is expected to continue.

As class certification standards have become more rigorous, the use of expert evidence in certification proceedings has become an integral part of wage and hour suits. Effectively using or challenging experts can mean the difference between winning or losing a class certification motion.

Expert witnesses that are appropriately selected and properly prepared can also be key to proving or challenging an employer's efforts to comply with wage and hour laws during motion hearings and trial.

Listen as our authoritative panel of wage and hour litigators discusses effective practices when selecting experts, preparing expert testimony, and using experts during certification, motion hearings, mediation and trial.



  1. Selecting appropriate expert witnesses
  2. Using experts during class certification phase
  3. Using experts during motion hearings
  4. Preparing and presenting expert testimony at trial


The panel will review these and other key questions:

  • What are the recent trends in the use of expert witnesses to support or challenge a class certification motion in wage and hour suits?
  • What different standards for evaluating expert testimony are courts employing at class certification?
  • What types of experts and expert testimony are most appropriate during the various stages of wage and hour litigation—at certification, during motion hearings, during mediation and at trial?
  • What are some best practices for protecting and maintaining privileges when working with expert witnesses?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Neil A. Capobianco
Neil A. Capobianco

SNR Denton

He regularly counsels employers on day-to-day employment issues and negotiates and litigates on behalf of employers,...  |  Read More

Michael A. Alaimo
Michael A. Alaimo

Miller Canfield

He has counseled clients on wage and hour matters for more than 15 years. During that time he has defended numerous...  |  Read More

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