Practical Strategies and Latest Legal Developments in Wage & Hour Litigation and Compliance Recording

With wage and hour litigation on the rise and new federal regulations in place, it is important that employers and their counsel stay updated on the latest legal and regulatory developments surrounding wage and hour law. It is also essential to know the best practices when preparing for and respondi…

Practical Strategies and Latest Legal Developments in Wage & Hour Litigation and Compliance

Wednesday, June 28, 2017

12:00 pm – 1:30 pm (ET)

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NERA Economic Consulting

Sacks, Ricketts & Case LLP

Medina McKelvey LLP

NERA Economic Consulting

NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex and legal challenges. For over half a century, NERA’s economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. With its main office in New York City, NERA serves clients from more than 25 offices across North America, Europe, and Asia Pacific.

Website: http://www.nera.com/

Sacks, Ricketts & Case LLP

Sacks, Ricketts & Case, LLP (“SRC”) is a boutique, 100 percent woman-owned law firm that specializes in employment compliance counseling, management-side employment litigation, class action defense and complex commercial litigation.   SRC attorneys provide day-to-day counseling to employers on all manner of personnel matters, including employee hiring, wage and hour matters, worker classification, workplace harassment and discrimination, leaves of absence, workplace investigations, performance management, termination, restrictive covenants and protection of trade secrets.  When employment disputes lead to litigation, SRC effectively and efficiently represents clients through the legal proceedings.   SRC has four offices in California and Arizona serving clients from start-ups to multi-national businesses in many different industries.  The letters SRC are not merely a combination of the founding partners’ names, but also their brand of practicing law:  Smart, Resourceful and Committed. 

Website: http://sacksrickettscase.com/

Medina McKelvey LLP

Medina McKelvey LLP is a Northern California boutique representing businesses in general employment litigation with a focus on wage and hour class and representative action defense.  The firm's attorneys have over 20 years of collective class action experience and have created innovative litigation and compliance solutions for businesses in California.

Website: http://medinamckelvey.com/

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Elizabeth Newlon
Elizabeth Newlon
Associate Director
NERA Economic Consulting

Dr. Elizabeth Newlon has more than a decade of experience as an economic consultant and testifying expert in matters relating to labor and antitrust litigation.

Dr. Newlon applies economics and statistics to assist clients in a wide range of legal matters ranging from class actions to individual plaintiff allegations. She also has significant experience with wage and hour allegations, including unpaid overtime, incorrect regular rate, missed meal penalties, timesheet rounding neutrality, waiting time penalties, and misclassification of contractors. In addition, she has analyzed class-wide allegations of discrimination and assessed economic losses in single plaintiff matters related to alleged wrongful termination, injury, and incarceration.

At the nexus of labor and antitrust litigation, Dr. Newlon has experience evaluating allegations of compensation suppression or monopsony power by employers.

Dr. Newlon earned her PhD and MS in economics from Carnegie Mellon University.

Hope Case
Hope Case
Partner
Sacks, Ricketts & Case LLP

Hope Anne Case is a founding partner of Sacks, Ricketts & Case LLP, in its Palo Alto, California office.  Her practice focuses on defending single plaintiff and class action employment cases and employment counseling.  Her experience also encompasses employment practice audits, employment due diligence for mergers, acquisition and investments, and training for managers and HR professionals in all aspects of employee hiring, management, discipline, and termination.  In her 25 years of practice, Hope has helped hundreds of clients navigate the myriad and ever changing workplace laws.    

Prior to founding Sacks, Ricketts & Case LLP, Hope was a partner in the employment group of a large global law firm.  Before entering private practice, she worked as a Law Clerk for a Justice of the Supreme Court of Nevada, and was a visiting professor at the University of Nevada, Reno.

Brandon McKelvey
Brandon McKelvey
Lawyer
Medina McKelvey LLP

Brandon is a founding partner at Medina McKelvey LLP where he defends businesses against wage and hour class and representative actions, acts as a consultant on large employment class actions, and serves as an arbitrator and mediator in employment law cases.  He has over 15-years of class action experience on both sides of the bar.  During his career, Brandon has argued wage and hour class action issues at state and federal courts of appeal, created a popular employment law blog, lectured at conferences, and recently co-founded a California legal compliance training company dedicated to helping businesses navigate the complexities of California law.

Key Topics
  • Emerging Wage & Hour Litigation Trends
  • DOL's Enforcement Priorities and Latest Initiatives
  • Recent Case Law Developments
  • Latest Regulatory Updates
  • Compliance Strategies and Pitfalls to Avoid
  • Preparing for and Responding to DOL Investigations

Who Should Attend
  • Employment and Labor Lawyers
  • Employment Law Advisors
  • HR and Personnel Professionals
  • Risk and Compliance Officers
  • Board and Directors
  • General Counsel
  • In-house Counsel
  • Legal Consultants
  • Senior Management
  • Other Related/Interested Professionals

Credit Info
Course Level: Intermediate
Prerequisite: Experience in employment law
Method Of Presentation: Group-Internet Based
Credits: 2.0
Course Code: 146244
NASBA Field of Study: Personnel/HR
NY Category of CLE Credit: Areas of Professional Practice

Attendees who need CE credits, please be informed that there is a minimal fee. Contact our CE Coordinator for details at [email protected]

With wage and hour litigation on the rise and new federal regulations in place, it is important that employers and their counsel stay updated on the latest legal and regulatory developments surrounding wage and hour law. It is also essential to know the best practices when preparing for and responding to wage and hour investigations. Attorneys in this area must also know nuances of defending against and managing a wage and hour claim effectively.

This course offers an overview of the latest legal developments in wage and hour litigation. A panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the U.S. Department of Labor's latest priorities and regulations, and the new overtime and white-collar exemption regulations. They will also offer practical strategies on how to succeed on defending against and managing a wage & hour claim.

Key topics include:

  • Emerging Wage & Hour Litigation Trends
  • DOL's Enforcement Priorities and Latest Initiatives
  • Recent Case Law Developments
  • Latest Regulatory Updates
  • Compliance Strategies and Pitfalls to Avoid
  • Preparing for and Responding to DOL Investigations
Elizabeth Newlon, Associate Director
NERA Economic Consulting

Hope Case, Partner
Sacks, Ricketts & Case LLP

AND

Brandon McKelvey, Lawyer
Medina McKelvey LLP

  • Recent Trends Overview:
    • DOL Activity Update
      • Status of legal challenge to updated rules for determining exempt status based on salary and compensation for Executive, Administrative, and Professional workers.
      • New guidance on the determining of a Joint Employer relationship under the FLSA.
      • Anticipated Request for Information No. 1235-AA12 re the Impact of the Use of Electronic Devices by Nonexempt Employees on Hours Worked Issues.
    • FLSA Litigation Trends
    • Rule 23 and state class action trends
      • Exposure Studies
    • Increase in state and local legislation (minimum wage and other laws), creating a patchwork of laws employers must know and comply with
  • Discussion of Top Litigation Trends:
    • Joint Employer Liability:  attempts to find additional or deeper pockets for worker obligations and create class exposure across multiple companies
      • Varied Tests
      • Case examples
      • Practical Implications
      • Balancing risk management and control
    • Misclassification
      • Exempt/non-exempt
        • Growing number and types of challenges to exempt status
        • Why to expect this trend to continue
        • Reclassification caveats
      • Employee/independent contractor
        • Worker claims
        • Government agency claims
        • Damages
        • Case examples
      • Unpaid Interns/Volunteers
    • Off-the-Clock Exposure
      • Growing number of employees working remotely – what are the legal pitfalls?
        • Telecommuting
        • After hours email/phone calls
        • Related exposure for business expenses incurred by employees using personal equipment
      • Donning and doffing
        • Lessons from Tyson Foods, Inc. v. Bouaphakeo
      • Time waiting to pass security.
      • Work done during unpaid meal breaks
      • Travel time to required work events or running business errands on the way to/from work
      • Time card adjustments by supervisors
      • Time card rounding practices
    • Update on Enforceability of Workplace Arbitration Agreements
      • Federal Circuit divide on whether arbitration agreements with class/collective action waivers violate the NLRA; U.S. Supreme Court expected to resolve split
      • state law considerations
  •  Best Practices:
    • Policies and procedures
      • To protect against off the clock exposure
      • To limit joint employment exposure
    • Information Collection
      • Do you collect and maintain the employee information necessary to demonstrate that your practices conform to FLSA and state labor laws?
        • Timekeeping system 
        • Payroll system
      • Identification of potential class members using HR records
      • Records pertinent to independent contractors
      • Methods/resources to retrieve and navigate your company’s data.
    • Monitoring/Auditing
      • Overtime calculation and payment
      • Rounding bias
      • Meal breaks
    • Employee and management training
    • Documentation best practices 

This is a must attend event for employers and their counsel interested in understanding the latest legal developments in wage & hour litigation and compliance.

During this LIVE Webcast, you will hear: 

  • Detailed guidance explained by the most qualified key leaders & practitioners.
  • Hear directly from key thought leaders
  • Interact directly with the panel during Q&A

Be in the know! Click the “register” button below as space is limited. Significant discounts apply to early birds.

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