Affirmative Defenses in Wage & Hour Lawsuits: What You Need to Know
Recent statistics have shown the increase in the number of wage and hour lawsuits, particularly brought pursuant to the Fair Labor Standards Act (FLSA). According to a source, an aggregate amount of $3.6 billion was paid for settlements from January 2007 through March 2015. Considering this, it is deemed essential to be well acquainted with all the subtleties involved in wage and hour lawsuit defense. Several unique affirmative defenses are helpful to employers faced with defending FLSA and state collective and class claims. Defendants may make use of the Good Faith Defense based on §§ 10 and 11 of the Portal-to-Portal Act.
In this two-hour LIVE Webcast, our panel of key thought leaders and practitioners will offer a discussion of the latest strategies; critical issues and best practices with respect to Affirmative Defenses in Wage & Hour Lawsuits.
Some of the major topics that will be covered in this course are:
- Overview of Affirmative Defenses to Wage & Hour Claims
- Tips, Strategies and Best Practices on Asserting Affirmative Defenses
- Policies and Practices to Take Advantage of Certain Affirmative Defenses
- Recent Updates on Federal and State Wage and Hour Laws
- Insurance coverage for defense costs, settlements, and judgements in wage and hour litigation
Shaun H. Crosner, Esq., Partner
- Notice issues
- An Insurer’s Defense Obligations
- Theories under which insurance coverage may be available for common wage and hour litigation
- Overcoming frequently asserted defenses to coverage
- Variations of “Fair Labor Standards Act” Exclusions
- Exclusions for Willful and Intentional Conduct
- Public policy issues
- “Wage and Hour” sublimits
- An Insurer’s Duty to Fund a Reasonable Settlement
- Allocation Issues
George S. Azadian, President
Azadian Law Group, PC
- Risk of being under inclusive in terms of affirmative defenses and the risk of including boilerplate and unsupported affirmative defenses
- Waiver of affirmative defenses not raised in answer
- Motion to strike boilerplate affirmative defenses without factual support
- Any violations to the extent they exist were not willful-
- Standard of proving a willful violation
- Impact on statute of limitations
- Impact on liquidated damages
- Examples of cases where willful violation found
- Examples of cases where willful violation not found
- Work not authorized or permitted by employer or meal/rest periods made available
- Any rounding policies to the extent they exist were neutral and did not work to the detriment of the plaintiff
Lawrence Peikes, Partner
Wiggin and Dana LLP
- The administrative exemption
- Standard for the affirmative defense
- Examples of cases where administrative exemption found applicable
- Examples of cases where administrative exemption found inapplicable
- The executive exemption
- Standard for the affirmative defense
- Examples of cases where executive exemption found applicable
- Examples of cases where executive exemption found inapplicable
- The professional exemption
- Standard for the affirmative defense
- Examples of cases where professional exemption found applicable
- Examples of cases where professional exemption found inapplicable
- Proposed amendments to the regulations defining the white-collar exemptions
Who Should Attend:
- Employment Law Counsels
- Labor and Employment Attorneys
- HR Executives
- General Counsel
- In-house Counsel
- Attorneys defending class actions
- Private Companies
- Other interested and related professionals
Lawrence Peikes is a partner in the firm's Stamford and New York offices where he represents management in all aspects of labor and employment law, including federal and state court litigation, arbitration and mediation of claims for discrimination, wrongful discharge, wage and hour violations, workplace defamation and related torts, misappropriation of trade secrets, and breach of employment contracts, including restrictive covenants.
Larry frequently lectures and writes on a wide array of employment law topics, ranging from sexual harassment to developments under the federal civil rights laws to wage and hour legislation to restrictive covenants and beyond. Among his many writing projects, Larry is a Senior Editor for the ABA’s Fair Labor Standards Act treatise published by Bloomberg/BNA and also serves as editor of the Connecticut Practice Series volume on Employment Law. Larry is a founding member of the Wage & Hour Defense Institute of the Litigation Counsel of America.
Lawrence Peikes is a partner in the firm's Stamford and New York offices where he represents management in all aspects …
George S. Azadian is the firm’s founder and has a robust practice representing individual plaintiffs in high-stakes employment actions, including wrongful termination, whistleblower, and wage and hour cases. In the past two years, he has achieved over $25,000,000 in recovery for his clients.
He has been appointed Lead Class Counsel in numerous class actions, including securing final approval of a $3,000,000 settlement in a wage-and-hour class action on behalf of hourly paid employees of a national provider of housekeeping services involving allegations relating to the failure to provide meal and rest periods, overtime compensation, and other claims arising under the California Labor Code.
His awards include an AV Preeminent® Rating, Super Lawyers’ 2012-15 “Rising Star,” Multi-Million Advocates Forum® Member, and a perfect 10.0 rating on Avvo, deemed “Superb.” Prior to representing plaintiffs, Mr. Azadian worked as a defense attorney at two of the largest and most respected firms in the country, O’Melveny & Myers and Stroock & Stroock & Lavan.
George S. Azadian is the firm’s founder and has a robust practice representing individual plaintiffs in high-stakes employment actions, including …
Shaun H. Crosner is a Partner in Liner's Insurance Recovery Group. In addition to providing individuals and corporate policyholders with pre-litigation insurance coverage advice, Shaun represents policyholders in a wide range of disputes with their insurers. He maintains an active insurance coverage litigation and arbitration practice and has represented his policyholder clients in connection with appeals to the California and Ninth Circuit Courts of Appeal. Shaun also represents commercial clients in lawsuits against insurance brokers and in general business litigation and contract disputes.
Shaun frequently speaks and writes on insurance law and related topics. He has been quoted in several trade publications, and he has written dozens of articles and columns featured in various national and regional periodicals. Shaun is also an editor and primary author of the New Appleman Sports and Entertainment Insurance Law & Practice Guide (LexisNexis, 2010), a book that addresses insurance law issues facing policyholders in the sports and entertainment industries.
Shaun H. Crosner is a Partner in Liner's Insurance Recovery Group. In addition to providing individuals and corporate policyholders with pre-litigation insurance …
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Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Law Practice Management
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About Wiggin and Dana LLP
Founded in 1934, Wiggin and Dana is a regional law firm with a global reach. With 150 attorneys in offices in Connecticut, New York City and Philadelphia, the firm counsels corporate, institutional and individual clients on a broad range of legal needs. Wiggin and Dana’s clients include publicly traded companies, hospitals and other health care organizations, universities, entrepreneurs and emerging growth companies, real estate developers, financial institutions, museums, charitable organizations and individuals. For more information about Wiggin and Dana, please visit www.wiggin.com.
About Azadian Law Group, PC
Azadian Law Group, PC is a topflight Los Angeles law firm located in Pasadena. The firm exclusively represents plaintiffs in employment and consumer lawsuits and never represents employers. The firm has successfully represented health-care professionals, financial executives, and a wide variety of other employees in wrongful termination, retaliation, whistleblower, discrimination, and wage-and-hour lawsuits in Superior Court, Federal Court, and Arbitration. For more information about Azadian Law Group, PC please visit https://www.azadianlawgroup.com
About Liner LLP
Liner LLP was founded in 1996 and serves multinational, national, middle market, emerging growth, and individual clients in core areas of business, litigation, government advocacy, insurance recovery and real estate. With roots in Los Angeles, the firm is known for its substantive business approach, creativity, client successes, political acumen, and integrated legal services. Liner’s lawyers service sophisticated clients in industries including energy, financial institutions, entertainment and new media, consumer products, defense, hospitality/gaming and leisure, industrial products, real estate and land use, private equity, and public entities. For more information about Liner LLP, please visit www.linerlaw.com.