HomeWebcastEmployment Class Action and FLSA Litigation: Tools and Techniques You Must Know
Online CLE FLSA Litigation CLE

Employment Class Action and FLSA Litigation: Tools and Techniques You Must Know

Live Webcast Date: Wednesday, May 15, 2019 from 3:00 pm to 5:00 pm (ET)
CLE Class ActionEmployment/Labor Law CLE & CPERecording

Online CLE FLSA Litigation

Join us for this Knowledge Group Online CLE FLSA Litigation Webinar. Class actions under the Fair Labor Standards Act (FLSA) have risen in recent years, with wage and hour claims as one of the top risk factors. Businesses of all sizes in every industry are vulnerable to these claims. This implies the critical need for employers to maintain careful and robust compliance policies in this field of law. Companies and their counsel must also be equipped with effective tools and techniques in reducing litigation risks as well as in defending against these lawsuits.

In this Webcast, a panel of distinguished professionals and thought leaders will help companies and their counsel understand the important aspects of this significant topic. They will provide an in-depth discussion of the current trends and recent court rulings involving FLSA class actions. Speakers will also offer best compliance practices and effective litigation strategies in light of the recent developments.

Key topics include:

  • FLSA Class Actions: Statistics
  • Recent FLSA Developments and Updates
  • Notable Court Rulings
  • Best Compliance Practices
  • Litigation Risk Mitigation
  • Litigation Strategies

Agenda

SEGMENT 1:
JoAnna L. BrooksShareholder
Littler Mendelson P.C.

  • Steps for conducting an early case assessment in the development of class certification strategy;
  • Do’s and Don’ts when gathering witness statements;
  • Early damage analysis – using internal and external experts for statistical analysis;
  • Working with opposing counsel to prepare a joint discovery plan and to conduct cost effective discovery;
  • Preparation of the class certification motion/opposition

SEGMENT 2:
Allegra Lawrence-HardyPartner
Lawrence & Bundy LLC

  • Attorneys’ fees
  • Class certification
    • Ways to eliminate/reduce the plaintiff(s) claims.
      • Epic Systems ruling by the US Supreme Court
    • Employee compliance with company policies and procedures
    • Recent cases related to class certification under Rule 23

SEGMENT 3:
Cheryl D. OrrPartner
Drinker Biddle & Reath LLP

  • Timing of settlement discussions
  • Assessment of liability and damages prior to resolution
  • Choice of mediator or settlement conference judge
  • Preparations needed for an effective mediation
  • Tips for obtaining court approval

SEGMENT 4:
Katherine C. Den BleykerPartner | Vice Chair of Wage & Hour Class Action Practice
Lewis Brisbois Bisgaard & Smith LLP

  • DOL's pending revisions to the FLSA salary basis test
  • Different types of applicable exemptions (administrative, professional, etc.)
  • Job duties test for ensuring workers are properly classified as exempt
  • Key certification-based defenses to exemption misclassification claims

SEGMENT 5:
Paul WhitePartner
Resolution Economics Group, LLC

  • The role of economic and statistical experts in class action and FLSA matters
  • The sources of information experts rely upon
  • How experts address class certification issues
  • Best practices to use experts in a cost-effective manner

Who Should Attend

  • Employment and Labor Lawyers
  • Human Resources Personnel
  • Employment Law Advisors
  • Employee Relations Professionals
  • In-House Counsel
  • Wage & Hour Litigation Attorneys
  • Wage & Hour Consultants
  • Senior Management

Online CLE FLSA Litigation

SEGMENT 1:
JoAnna L. BrooksShareholder
Littler Mendelson P.C.

  • Steps for conducting an early case assessment in the development of class certification strategy;
  • Do’s and Don’ts when gathering witness statements;
  • Early damage analysis – using internal and external experts for statistical analysis;
  • Working with opposing counsel to prepare a joint discovery plan and to conduct cost effective discovery;
  • Preparation of the class certification motion/opposition

SEGMENT 2:
Allegra Lawrence-HardyPartner
Lawrence & Bundy LLC

  • Attorneys’ fees
  • Class certification
    • Ways to eliminate/reduce the plaintiff(s) claims.
      • Epic Systems ruling by the US Supreme Court
    • Employee compliance with company policies and procedures
    • Recent cases related to class certification under Rule 23

SEGMENT 3:
Cheryl D. OrrPartner
Drinker Biddle & Reath LLP

  • Timing of settlement discussions
  • Assessment of liability and damages prior to resolution
  • Choice of mediator or settlement conference judge
  • Preparations needed for an effective mediation
  • Tips for obtaining court approval

SEGMENT 4:
Katherine C. Den BleykerPartner | Vice Chair of Wage & Hour Class Action Practice
Lewis Brisbois Bisgaard & Smith LLP

  • DOL's pending revisions to the FLSA salary basis test
  • Different types of applicable exemptions (administrative, professional, etc.)
  • Job duties test for ensuring workers are properly classified as exempt
  • Key certification-based defenses to exemption misclassification claims

SEGMENT 5:
Paul WhitePartner
Resolution Economics Group, LLC

  • The role of economic and statistical experts in class action and FLSA matters
  • The sources of information experts rely upon
  • How experts address class certification issues
  • Best practices to use experts in a cost-effective manner

Online CLE FLSA Litigation

Online CLE FLSA Litigation

JoAnna L. BrooksShareholderLittler Mendelson P.C.

JoAnna Brooks is a Shareholder at the law firm of Littler Mendelson, PC.  She has over 25 years of class action litigation experience and has defended more than 70 class action litigation cases in California over the last 10 years. She is one of a small group of defense attorneys in California that has successfully defeated class certification, and is responsible for successfully resolving many complex collective, representative and class-wide matters.  JoAnna’s vast experience makes her uniquely qualified to credibly discuss the tools and techniques applicable to class action litigation.

Online CLE FLSA Litigation

Allegra Lawrence-HardyPartnerLawrence & Bundy LLC

Allegra Lawrence-Hardy uses creativity and results-oriented strategic analysis to develop legal solutions that work for her clients. Allegra works with her clients on complex commercial and labor and employment matters. She has successfully defended Fortune 100 companies throughout the United States and abroad in numerous trials, arbitrations and other forms of alternative dispute resolution.

Allegra is known for her skill in trying cases, negotiating complex settlements and finding creative solutions. Allegra helps develop processes and tools for improving the efficiency and delivery of legal services.

Allegra is a fellow in the Litigation Counsel of America, which is an invitation-only trial lawyer honorary society and represents less than one-half of one percent of American lawyers. Fellows are selected based on excellence and accomplishments in litigation, trial work, and superior ethical reputation.

Online CLE FLSA Litigation

Paul WhitePartnerResolution Economics Group, LLC

Paul White is a Ph.D. labor economist and a Partner in the Washington, D.C. office of Resolution Economics. He specializes in the economic and statistical analysis of employment discrimination issues (including compensation, hiring, promotions, and terminations) and FLSA wage and hour matters (including misclassification, appropriate pay rate, overtime, rounding, and off-the-clock analyses). Dr. White’s practice also includes EEOC and OFCCP investigations. He has conducted hundreds of proactive compensation analyses for employers of all sizes, including creating statistical models for employers as part of their annual compensation reviews. 

Dr. White also serves as an expert witness in employment litigation and has extensive testimony experience in local, state, and federal courts.

Dr. White received his Bachelor of Science degree in economics from James Madison University and his Masters and Ph.D. degrees from North Carolina State University, where he focused on labor economics, statistics, and health economics.

Paul White is a Ph.D. labor economist and a Partner in the Washington, D.C. office of Resolution Economics. He specializes in the economic and statistical analysis of employment discrimination issues (including compensation, hiring, promotions, and terminations) and FLSA wage and hour matters (including misclassification, appropriate pay rate, overtime, rounding, and off-the-clock analyses). Dr. White’s practice also includes EEOC and OFCCP investigations. He has conducted hundreds of proactive compensation analyses for employers of all sizes, including creating statistical models for employers as part of their annual compensation reviews. 

Dr. White also serves as an expert witness in employment litigation and has extensive testimony experience in local, state, and federal courts.

Dr. White received his Bachelor of Science degree in economics from James Madison University and his Masters and Ph.D. degrees from North Carolina State University, where he focused on labor economics, statistics, and health economics.

Online CLE FLSA Litigation

Cheryl D. OrrPartnerDrinker Biddle & Reath LLP

Cheryl D. Orr is an elected managing partner of the firm and chair of the firm’s national Labor and Employment Practice Group. Cheryl concentrates her practice on defending employers nationwide against complex wage and hour class, collective, and representative actions arising in industries including retail, health care, education, insurance, finance, and manufacturing. She also has a long history of resolving wrongful termination, unfair competition and discrimination cases through a winning motion practice. In addition to litigation, she provides a full range of employment law counseling, audit and training services.

Cheryl is often quoted in the media on employment law issues. She is a frequent writer and lecturer on employment law topics and regularly chairs the American Conference Institute's national wage and hour class action conference. Chambers USA consistently ranks Cheryl as one of the top employment lawyers in California, and the Daily Journal has named her as one of California’s Top Employment Lawyers and Top Women Lawyers. She is a Fellow of the Litigation Counsel of America and a member of the American Employment Law Council.

Online CLE FLSA Litigation

Katherine C. Den BleykerPartner | Vice Chair of Wage & Hour Class Action PracticeLewis Brisbois Bisgaard & Smith LLP

Katherine Den Bleyker is a partner in the Los Angeles office of Lewis Brisbois and a vice-chair of the Wage & Hour Class Actions Practice. She has extensive experience litigating complex cases in both state and federal court, including class action matters involving California’s consumer protection statutes, wage and hour regulations, unfair competition laws, and the Private Attorneys General Act. Additionally, Ms. Den Bleyker defends employers against claims brought by individual employees involving alleged harassment, discrimination, wrongful termination, and wage claims, both in court and before the relevant administrative agencies (including the Division of Labor Standards Enforcement, the Equal Employment Opportunity Commission, and the Department of Fair Employment and Housing). Ms. Den Bleyker also provides preventative counseling to employers on various employment issues including compliance with wage and hour laws, employee terminations and discipline, and crafting employee policies, in an effort to help reduce the risk of litigation.

Online CLE FLSA Litigation

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   General knowledge of labor and employment laws

Course Code:
   147914

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Littler Mendelson PC is the largest law firm in the world exclusively devoted to representing management in employment, employee benefits and labor law matters. Littler is highly experienced in employment class actions, defending clients in hundreds of wage and hour, discrimination and other workplace-related disputes. Our remarkable record is due to our vast experience and comprehensive understanding of substantive employment laws, procedure, and statistical analysis – crucial elements in these complex cases.  In the past five years alone, Littler has defended clients in more than 1,700 employment-related class and collective actions, experience that few firms can match.

Website: https://www.littler.com/

Lawrence & Bundy is a commercial litigation firm skilled in handling complex matters, including class and collective actions, retirement and welfare plan disputes, employment litigation, compliance and corporate governance matters, insurance coverage disputes, and internal investigations. L&B devotes extensive time and resources to learning its clients’ business and earning their trust by resolving difficult challenges with real world, value-added solutions. Lawrence & Bundy represents an array of sophisticated business entities and people in Atlanta, GA, and Washington, D.C. For additional information about Lawrence & Bundy, please visit its website at www.lawrencebundy.com/.

Website: www.lawrencebundy.com

Resolution Economics provides sophisticated economic, statistical and financial analyses, forensic investigations, forensic technology, dispute advisory, expert testimony, and specialized technology and analytic solutions to leading law firms, Fortune 500 companies, and government agencies.

Founded in 1998, Resolution Economics is a leading provider of litigation consulting services in employment class action matters.  We have provided expert testimony across the nation in class-action, multi-plaintiff and single-plaintiff matters alleging discrimination on the basis of age, race, gender, and national origin/ethnicity, in recruitment and hiring, promotion, pay, termination, and other employment practices. Resolution Economics' Labor and Employment team also regularly consult to clients involved in many types of regulatory settings, such as EEOC, OFCCP, and DOL investigations. Our work has been performed in the context of both litigation and proactive consulting.  In the wage and hour area, Resolution Economics examines exempt status for groups of workers, studies payroll and timekeeping data, analyzes meal and rest period claims and off-the-clock work, as well as donning and doffing and various issues. We also regularly consult on wage and hour issues in compliance settings.

Website: http://www.resecon.com/

Drinker Biddle is a national, full-service law firm providing litigation, regulatory and business solutions to public and private corporations, multinational Fortune 100 companies and start-ups. Since 1849, we have built a reputation for outstanding legal results and a sophisticated, forward-thinking approach to every client engagement.

Our more than 600 lawyers across 12 offices combine a comprehensive range of legal services with significant national roles in industries, including—but not limited to— education, financial services, health care, insurance, pharma and life sciences, and retail. Through deep industry knowledge and a commitment to excellence, clients can rely on us to deliver the counsel and insight needed to win complex class actions, close billion-dollar transactions and stay ahead of ever-changing regulations.

Website: #https://www.drinkerbiddle.com/

In 1979, seven lawyers from a premier Los Angeles firm founded Lewis Brisbois Bisgaard & Smith LLP in order to realize their vision of a high-achieving law firm culture comprised of diverse individuals focused on client service. Less than 40 years later, that dream has been reached as Lewis Brisbois has more than 1,300 attorneys in 45 offices in 26 states, and dedicates itself to more than 50 legal practice areas for clients of all sizes in every major industry.

Website: https://lewisbrisbois.com/

JoAnna Brooks is a Shareholder at the law firm of Littler Mendelson, PC.  She has over 25 years of class action litigation experience and has defended more than 70 class action litigation cases in California over the last 10 years. She is one of a small group of defense attorneys in California that has successfully defeated class certification, and is responsible for successfully resolving many complex collective, representative and class-wide matters.  JoAnna’s vast experience makes her uniquely qualified to credibly discuss the tools and techniques applicable to class action litigation.

Allegra Lawrence-Hardy uses creativity and results-oriented strategic analysis to develop legal solutions that work for her clients. Allegra works with her clients on complex commercial and labor and employment matters. She has successfully defended Fortune 100 companies throughout the United States and abroad in numerous trials, arbitrations and other forms of alternative dispute resolution.

Allegra is known for her skill in trying cases, negotiating complex settlements and finding creative solutions. Allegra helps develop processes and tools for improving the efficiency and delivery of legal services.

Allegra is a fellow in the Litigation Counsel of America, which is an invitation-only trial lawyer honorary society and represents less than one-half of one percent of American lawyers. Fellows are selected based on excellence and accomplishments in litigation, trial work, and superior ethical reputation.

Paul White is a Ph.D. labor economist and a Partner in the Washington, D.C. office of Resolution Economics. He specializes in the economic and statistical analysis of employment discrimination issues (including compensation, hiring, promotions, and terminations) and FLSA wage and hour matters (including misclassification, appropriate pay rate, overtime, rounding, and off-the-clock analyses). Dr. White’s practice also includes EEOC and OFCCP investigations. He has conducted hundreds of proactive compensation analyses for employers of all sizes, including creating statistical models for employers as part of their annual compensation reviews. 

Dr. White also serves as an expert witness in employment litigation and has extensive testimony experience in local, state, and federal courts.

Dr. White received his Bachelor of Science degree in economics from James Madison University and his Masters and Ph.D. degrees from North Carolina State University, where he focused on labor economics, statistics, and health economics.

Paul White is a Ph.D. labor economist and a Partner in the Washington, D.C. office of Resolution Economics. He specializes in the economic and statistical analysis of employment discrimination issues (including compensation, hiring, promotions, and terminations) and FLSA wage and hour matters (including misclassification, appropriate pay rate, overtime, rounding, and off-the-clock analyses). Dr. White’s practice also includes EEOC and OFCCP investigations. He has conducted hundreds of proactive compensation analyses for employers of all sizes, including creating statistical models for employers as part of their annual compensation reviews. 

Dr. White also serves as an expert witness in employment litigation and has extensive testimony experience in local, state, and federal courts.

Dr. White received his Bachelor of Science degree in economics from James Madison University and his Masters and Ph.D. degrees from North Carolina State University, where he focused on labor economics, statistics, and health economics.

Cheryl D. Orr is an elected managing partner of the firm and chair of the firm’s national Labor and Employment Practice Group. Cheryl concentrates her practice on defending employers nationwide against complex wage and hour class, collective, and representative actions arising in industries including retail, health care, education, insurance, finance, and manufacturing. She also has a long history of resolving wrongful termination, unfair competition and discrimination cases through a winning motion practice. In addition to litigation, she provides a full range of employment law counseling, audit and training services.

Cheryl is often quoted in the media on employment law issues. She is a frequent writer and lecturer on employment law topics and regularly chairs the American Conference Institute's national wage and hour class action conference. Chambers USA consistently ranks Cheryl as one of the top employment lawyers in California, and the Daily Journal has named her as one of California’s Top Employment Lawyers and Top Women Lawyers. She is a Fellow of the Litigation Counsel of America and a member of the American Employment Law Council.

Katherine Den Bleyker is a partner in the Los Angeles office of Lewis Brisbois and a vice-chair of the Wage & Hour Class Actions Practice. She has extensive experience litigating complex cases in both state and federal court, including class action matters involving California’s consumer protection statutes, wage and hour regulations, unfair competition laws, and the Private Attorneys General Act. Additionally, Ms. Den Bleyker defends employers against claims brought by individual employees involving alleged harassment, discrimination, wrongful termination, and wage claims, both in court and before the relevant administrative agencies (including the Division of Labor Standards Enforcement, the Equal Employment Opportunity Commission, and the Department of Fair Employment and Housing). Ms. Den Bleyker also provides preventative counseling to employers on various employment issues including compliance with wage and hour laws, employee terminations and discipline, and crafting employee policies, in an effort to help reduce the risk of litigation.

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