Wage and Hour Class Action Settlements: Calculating Damages and Ensuring Court Approval
Class and representative wage and hour lawsuits continue to plague employers across the country. The costs and risks associated with prolonged litigation often means early settlement is the best course for both employers and employees. Because of the unique nature of class and representative action settlements, it is crucial for employment litigators and in-house counsel to be well versed with the various aspects of class and representative action settlements, including calculating potential exposure and ensuring court approval.
In this two-hour LIVE webcast, a panel of key thought leaders and practitioners will help the audience grapple the ever-evolving landscape of wage and hour law.
- Handling and Preparing for the Initial Investigation Once a Class or Representative Action Has Been Filed
- Assessing Exposure With or Without an Expert
- Resolving Wage and Hour Actions Through Settlement
- Negotiating Settlements
- Getting Class and Representative Settlements Approved
- Making Sure Your Wage and Hour Class Action Settlement Gets Approved by The Court
- Best Strategies for Avoiding Wage and Hour Actions
- Analysis of Recent Cases and Trends
Recent Trends (Brandon lead and Rami/David contribute)
- FLSA filings on the rise
- California filings on the rise
- Types of claims and trends
Initial Case Assessment and Investigation (Rami/David lead and Brandon contribute)
- Initial steps and investigation
- What documents and data to gather
- Case assessment
- Exposure analysis with or without an expert
Exploring Early Resolution (Brandon lead and Rami/David contribute)
- Picking off plaintiff with Rule 68 or individual settlements
- Exploring settlement without a mediator
- Informal or formal discovery and exchange of data/documents
- Exploring settlement with a mediator
Settlement Approval Process (Rami/David to lead and Brandon contribute)
- Overview of approval process
- Different processes depending on case and court: FLSA, Rule 23, CCP 382, and PAGA
- Tips for settlement approval and lessons from recent Uber case
Strategies for Avoiding Wage and Hour Actions (Brandon lead and Rami/David contribute)
- Policies and procedures
- Employee and management training
- Documentation and other best practices
Who Should Attend:
- In-House Counsel
- HR Personnel
- Risk and Compliance Officers
- Senior Management
- Labor and Employment Law Counsel
- Employee Relations Professionals
- Legal Executive
- Other Related Professionals
Rami A. Yomtov is an associate with the law firm of Ballard, Rosenberg, Golper & Savitt, LLP and practices exclusively in the area of labor and employment law of behalf of management. He defends employers against various labor and employment-related claims, including discrimination, harassment, retaliation, wrongful termination, and wage and hour claims. He also provides advice and counsel to employers on policies and practices governing day-to-day workplace issues, including wage and hour compliance, disability accommodation, requests for leave, employee discipline, layoffs and terminations.
Rami is particularly adept in handling wage and hour lawsuits, and has negotiated dozens of favorable class action settlements in cases involving meal and rest breaks, tip sharing, overtime, minimum wages, regular rate, time clock rounding, and PAGA claims. He has also successfully opposed numerous motions for class certification, and successfully compelled arbitration of employees' individual wage and hour claims.
Rami graduated magna cum laude from the University of California, Los Angeles with a Bachelor of Arts degree in History and a minor in Political Science. He earned his Juris Doctor from the Benjamin N. Cardozo School of Law, where he was a teaching assistant in the Lawyering Skills & Legal Writing Program, and participated in the law school's Holocaust Restitution Claims Practicum. He is a member of the California Bar and is admitted to practice before all state courts and federal district courts in California, as well as the United States Court of Appeals for the District of Columbia Circuit.
Rami A. Yomtov is an associate with the law firm of Ballard, Rosenberg, Golper & Savitt, LLP and practices exclusively …
David J. Fishman represents management and individual entrepreneurs in all aspects of litigation from inception through resolution. He handles all facets of the litigation process in labor and employment disputes and has successfully arbitrated and tried cases on behalf of his clients. David has defended employers against charges of race, sex, age, national origin, ancestry, and disability discrimination; harassment; retaliation; wrongful discharge in violation of public policy; unfair competition and defamation.
He also defends employers in wage and hour class actions including claims for overtime, meal and rest periods, waiting time penalties, and other purported wage and hour violations. David has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and federal and California wage and hour laws.
He advises clients regarding personnel policies and procedures, employee discipline matters, employee handbooks, wage and hour compliance, and other employment issues. He also conducts employee training and investigations at the workplace and has authored several articles on various employment law matters.
David began his career in 2001 as an associate in the labor and employment department at Sheppard, Mullin, Richter & Hampton, LLP. In 2007, he moved his practice to the national labor and employment defense firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., where he became a shareholder.
In 2011, David became the general counsel for an auto insurance salvage business while at the same time continuing his employment litigation defense work as a partner in the employment boutique firm of Gleason & Favarote, LLP. He joined Ballard, Rosenberg Golper & Savitt in 2012 as senior counsel.
David J. Fishman represents management and individual entrepreneurs in all aspects of litigation from inception through resolution. He handles all …
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.
Brandon is a founding partner at Medina McKelvey LLP where he defends businesses against wage and hour class and representative …
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NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Ballard, Rosenberg, Golper & Savitt, LLP
For the past 30 years, Ballard Rosenberg Golper & Savitt, LLP has been providing employers throughout the U.S. with labor and employment law advice and representation. The firm engages exclusively in the practice of labor and employment law on behalf of employers and management. We advise our clients on formulating and implementing labor and employee relations policies to achieve desired goals without resort to adversary proceedings. Our objective is to help clients avoid problems, rather than merely react to crises. When the only option is litigation, we have a winning track record before federal and state courts (over 100 jury victories), and the administrative agencies which enforce federal, state and local employment laws. And, we have had the privilege of making very favorable law for our employer clients and the employer community . Our primary office is in Los Angeles, CA, and we have satellite offices in New York, NY, and Charlotte, NC.
About 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.