Wage and Hour Class Actions: Looking Back and What’s Ahead
The ever-changing landscape of wage and class hour class actions continuously evolves as recent developments shape it. Just recently, the U.S. Supreme Court approved the use of class action waivers in arbitration agreements, which prevent employees to merge their unpaid wages claims against their employers. While this is a favorable court decision, businesses should not be complacent with regard to wage and hour class actions.
There is a notable increase in the number of Fair Labor Standards Act (FLSA) lawsuits filed against employers. It is, therefore, imperative for employers to still focus on compliance and dispute resolution to minimize litigation risks.
Listen as a panel of industry subject matter experts discuss the significant enforcement trends on wage and hour class actions. They will present an in-depth analysis of notable court decisions as well as the potential challenges in litigation. Speakers will also offer risk mitigation strategies that will help employers avoid pitfalls.
In a LIVE Webcast, the speakers will discuss:
- Wage and Hour Class Actions: Recent Enforcement Trends & Developments
- Notable Cases/Court Decisions
- Practical Implications of Wage and Hour Cases
- Challenges in Wage and Hour Litigation and Settlements
- Risk Mitigation Strategies
- What Lies Ahead
- Class/Collective Action Trends - Looking At the Numbers
- FLSA Filings In Federal Courts
- Value Of Top Wage & Hour Settlements
- FLSA Conditional Certification & Decertification Decisions
- Significant Conditional Certification / Decertification Decisions From 2018
- Independent Contractor/Joint Employment Issues/ Dynamex
- Dynamex decision
- Context and significance of the decision, implications for class certification
- Economic implications, business perspective
- Interplay of IC/JE issues
- Employers trying to insulate themselves by creating an additional layer but decisions are showing the buffer is not necessarily insulating from liability
- Dynamex decision
- De Mimimus Defense/ Troester (9th Circuit)
- Context and significance of the decision
- Significance on damages, penalties
- Significance re proving damages
- Arbitration Agreements/ Epic
Ms. Knotz’s practice covers a wide range of labor and employment matters, with a focus on class and representative actions and other complex employment disputes. Her cases have involved wage and hour issues, including overtime compensation, off-the-clock work, exemption and contractor misclassification, and time shaving. Ms. Knotz also represents clients in connection with discrimination, harassment, wrongful termination and retaliation disputes. Ms. Knotz provides advice and counseling to employers in all areas of labor and employment law, including employment policies and practices, family and medical leave issues, sexual harassment and other employee investigations, disability accommodation, wage and hour compliance, reductions-in-force and employee privacy rights.
Ms. Knotz’s practice covers a wide range of labor and employment matters, with a focus on class and representative actions …
John Fahr is a Director at Resolution Economics, LLC, an economic consulting firm with offices in Los Angeles, Chicago, Washington, D.C., and New York.
Dr. Fahr has conducted statistical analyses covering all aspects of employment discrimination cases, including compensation, hiring, promotion, termination. His work focuses on the construction and analysis of large, complex databases using economic and statistical techniques, as well as calculating damages and providing on-going monitoring of employment decisions. Dr. Fahr also has extensive experience in the application of statistical techniques to FLSA wage and hour cases. His clients include Fortune 500 companies, government agencies, and single-plaintiffs. In addition to his employment-related work, Dr. Fahr has several publications in the field of health economics as well as experience in the analysis of medical claims, including the identification of potential fraud, waste, and abuse.
Dr. Fahr holds a Ph.D. in Economics from the University of California, Los Angeles.
John Fahr is a Director at Resolution Economics, LLC, an economic consulting firm with offices in Los Angeles, Chicago, Washington, …
Ms. Riley is a partner in the Chicago office of Seyfarth Shaw LLP. She is a member of the Firm’s Labor & Employment Department and a member of the Firm’s Complex Discrimination Litigation and Wage & Hour Litigation Practice Groups.
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings. She regularly represents companies facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members. Ms. Riley counsels and defends employers from a range of employment law theories, including claims of race, age, gender, and disability discrimination, sexual harassment, retaliation, and alleged wage and hour violations.
Ms. Riley is a partner in the Chicago office of Seyfarth Shaw LLP. She is a member of the Firm’s …
During her 15 years as an economic consultant and testifying expert, Dr. Newlon has prepared expert reports, testified, and consulted on matters involving a wide range of topics related to FLSA, state labor law, and antitrust wage suppression. Dr. Newlon has analyzed labor and antitrust claims in individual and class/collective actions (addressing questions at certification, liability, and damages phases).
In labor litigation, Dr. Newlon has significant experience with contractor misclassification, joint-employer claims, and allegations of wage and hour law violations. She has written reports and testified about classwide liability and performed damages calculations for wage and hour allegations, including extensive experience with violations of California labor statutes resulting in unpaid overtime, incorrect regular-rate calculation, missed meal penalties, timesheet rounding bias, and waiting-time and itemization penalties.
During her 15 years as an economic consultant and testifying expert, Dr. Newlon has prepared expert reports, testified, and consulted …
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Method Of Presentation:
Basic knowledge of wage and hour laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP’s labor and employment lawyers represent a wide range of employers on their most complex and challenging labor and employment legal problems, from wage and hour class actions and discrimination cases, to arbitrations involving key talent, to complex labor controversies. Our subspecialties include: employment/EEOC litigation and counseling; wage-hour/Fair Labor Standards Act litigation and counseling; general employment counseling; labor relations/corporate campaign advice and litigation; labor and employment issues in financial restructuring and corporate transactions; workplace safety and health regulatory advice and litigation; executive contracting and terminations; competitive hiring disputes; pension, benefits and executive compensation advice and litigation; Sarbanes-Oxley and other whistleblower matters; labor and employment appellate litigation; California-specific counseling and litigation; labor and employment issues affecting government contractors; and workplace privacy and data protection.
About Resolution Economics Group, LLC
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.
The firm has provided expert testimony in class-action, multi-plaintiff and single plaintiff employment matters alleging discrimination in employment practices on the basis of age, race, gender, national origin, and ethnicity. The experts at Resolution Economics have managed complex, high profile litigation and compliance matters, many of which were national in scope. The Labor and Employment team is one of the most experienced in the nation at analyzing class certification and merits issues in class-action discrimination disputes, and are experienced in handling complex wage and hour matters as well. The firm also provides assistance in information management, statistical sampling, and statistical analysis, as well as data collection, surveys, and observation studies.
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At Seyfarth Shaw LLP, we are leading the way in delivering legal services more effectively, more efficiently, and more transparently. With more than 850 attorneys in the United States, London, Shanghai, Melbourne, and Sydney, we offer a national platform and an international gateway to serve our clients’ changing business and legal needs in corporate, employee benefits, employment, litigation, and real estate. Seyfarth Shaw provides thoughtful, strategic, practical legal counsel to clients of all sizes across all industries, delivering excellent legal service, sophisticated technology and process improvement solutions. Our clients range from Fortune 100 to midsize companies, and include publicly traded and privately held companies and various types of funds.
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About NERA Economic Consulting
NERA Economic Consulting is a global leader in economic analysis and consulting. With nearly 400 experts in 25 offices around the world, the firm applies economic, finance, and quantitative principles to solve complex business challenges and legal questions.
The firm’s antitrust economists provide a full range of theoretical and empirical economic analysis and testimony in matters involving mergers and acquisitions, antitrust litigation, and competition policy. NERA's experts assess and, when appropriate, testify to the economic merits of allegations of anticompetitive mergers and acquisitions, foreclosure and exclusionary conduct, horizontal and vertical restraints, monopolization and abuse of dominant position, and collusion. NERA's experts also have extensive experience estimating damages in antitrust matters, as well as assessing the appropriateness of class certification.