FLSA Litigation: Updates and Developments in 2017
Lawsuits abounded in 2016 under the Fair Labor Standards Act (FLSA), which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the U. S. private and public sectors. Plaintiffs lawyers and government enforcement agencies filed a plethora of FLSA class and collective actions in 2016, notably those on behalf of employees of Amazon, FedEx, Kmart and Wells Fargo. The flood of litigation is expected to continue in 2017, as plaintiffs’ counsel continue to refine strategies for class action certification. Concurrently, federal regulators have expanded overtime eligibility and increased scrutiny of how employers classify their workers.
In this LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will give an overview of the latest trends in FLSA litigation, a look at government enforcement and regulation, and insights into developing strategic practices to help mitigate the risk of litigation.
Key topics include:
- FLSA Wage and Hour Laws: Updates
- Employee and Over-time Exemptions
- Wage and Over-time Calculations
- Update on DOL Enforcement Actions
- Significant Litigation Issues
- Compliance and Litigation Risk
- Best Practices
- Fair Labor Standards Act and Regulatory Overview — Martine
- Collective Actions Under FLSA sec. 216(b) — Darrick
- DOL Enforcement Actions; Notable Settlements and Decisions — Martine
- New Standards on Overtime Exemptions; Related Litigation — Darrick
- Independent Contractor Classification; Recent Opinions (Papa John’s, S.D.N.Y.) — Darrick
- Litigation Issues; Effect of Chipotle ruling (10th Cir.) on Collective Actions — Martine
- Joint Employment Issues; Recent Opinions (Subway’s and 4th Cir. Ruling) — Darrick
- DOL Fiduciary Rule; Potential Effects on Employers — Martine
- Meal Breaks, Rest Breaks and Mobile Device Use — Martine
- Work Visa Holders; Recent Joint USCIS/DOL Determination — Martine
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
Darrick McDuffie is an associate in King & Spalding’s Business Litigation Practice Group and specializes in employment law. His practice focuses primarily on EEOC investigations and lawsuits alleging systemic discrimination, FLSA collective actions, litigation involving non-competition and non-solicitation agreements and other employment litigation. In addition, Mr. McDuffie has experience representing clients in other complex commercial litigation, including banking litigation, class action securities litigation and related government investigations and contract disputes. Mr. McDuffie was selected as a Top 40 Litigation Lawyer Under 40 in the State of Georgia by the American Society of Legal Advocates in 2013 and 2014, and he was recognized in 2014 on Lawyers of Color’s Second Annual Hot List,which recognizes early- to mid-career attorneys excelling in the legal profession.
Mr. McDuffie received his B.S. degree, magna cum laude, from the University of South Carolina in 1997. He received his J.D. degree from Harvard Law School in 2003. Mr. McDuffie is admitted to the State Bar of Georgia and the U.S. District Court for the Northern District of Georgia. He is a member of the Business Law and Litigation Sections of the American Bar Association, the National Bar Association, the Atlanta Bar Association, and the Gate City Bar Association. Mr. McDuffie is a Past President of the Gate City Bar Association and previously served as a Board Member of the Atlanta Bar Association.
Darrick McDuffie is an associate in King & Spalding’s Business Litigation Practice Group and specializes in employment law. His practice …
Martine Wells is a litigator. Her practice is focused on employment law, with a specific emphasis on wage and hour class and collective actions under the Colorado Wage Claim Act and the Fair Labor Standards Act (FLSA). She represents employers, strategizing to mitigate and resolve potential claims as efficiently as possible, and when necessary, preparing cases for litigation. Martine’s counsel is sought after by clients looking for creative solutions to managing complex wage and hour issues. She is particularly focused on issues impacting the health care industry, but is also well versed in counseling employers across industries regarding myriad workplace issues. She regularly speaks and writes on wage and hour issues.
Martine Wells is a litigator. Her practice is focused on employment law, with a specific emphasis on wage and hour …
Print and review course materials
Method of Presentation:
Experience in labor and employment law or compliance
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About King & Spalding
Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 900 lawyers in 19 offices in the United States, Europe, the Middle East and Asia. The firm also represents hundreds of clients with new ventures and mid-sized companies in emerging industries.
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About Brownstein Hyatt Farber Schreck, LLP
Brownstein Hyatt Farber Schreck practices in the areas of corporate, intellectual property, natural resources, real estate, public policy and litigation. The firm has more than 250 attorneys and legislative consultants in offices across the western US and in Washington, DC and Atlantic City. The firm works in industries such as gaming, hospitality, water, energy, health care, real estate, private equity and telecommunications technology, construction, banking and finance.