Wage & Hour Class Actions and Compliance: Addressing Emerging Issues in 2019
The recent years have witnessed significant developments in wage and hour laws. The increased scrutiny against wrongful acts, neglect, and breach of contract as well as the continuous legislation efforts in the wage & hour field, have created an upsurge in class action lawsuits against employers.
With a more complex litigation and regulatory landscape, it is imperative for employers and their counsel to come up with effective compliance strategies to mitigate the risks of potential wage and hour law violations. They must also be able to develop techniques to minimize the repercussions of class action lawsuits in this rapidly evolving legal climate.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help businesses, employers and their counsel understand the important aspects of this significant topic. They will provide an in-depth discussion of wage and hour laws, the upsurge in wage-and-hour-related class action cases and the emerging issues surrounding this topic. Speakers will also offer best practices in developing and implementing effective strategies for maximum compliance.
Key topics include:
- Wage and Hour Class Actions: Trends and Significant Developments
- Identifying Red Flags
- Overcoming Compliance Issues: Practical Tips
- Litigation Strategies
- What Lies Ahead
Diane Marie O'Malley, Partner
Hanson Bridgett LLP
- The De Minimus Rule: For How Much Longer Is It Alive and Well?
Troester v. Starbucks halts the de minimis rule in California. Practical issues with employee time records: When is work time “administratively difficult to capture”? What are employers doing to capture time records and what are they doing with the data once they get it?
- Wage and hour self-audits DOL's Offer to Help With Self Audits -5 “Payroll Audit Independent Determination” (PAID): Is It A Good Idea? -how are they done and what can they find? What kind of story does an employer’s data tell?
- No More Serial Class Actions: In China Agritech, Inc. v. Resh (June 2018) Supreme Court helps a bit in terms of stopping serial class actions, but how much do these cases actually cost? Calculating potential liability – unpaid wages and statutory penalties.
- FLSA Opinion Letters Are Back: Calculating pay rates: guaranteed salary, usual earnings, regular rates, and more. A look at the Wage and Hour Division’s Opinion Letter FLSA2018-25 and the “reasonable relationship” between a guaranteed Weekly Salary and “usual earnings”.
- Good News: Encino Motorcars, LLC v. Navarro. Supreme Court rejects the principle that courts construe FLSA exemptions narrowly and finds that Advisors at an automobile dealership are exempt from the FLSA’s overtime requirement.
- No More Class Actions and Are We Arbitrating Everything? Epic Systems Corp. v. Lewis, 584 U.S. ___Statistical experts in court vs statistical experts in arbitration.
Edward Bierhanzl, Director
Resolution Economics LLC
- Practical issues with employee time records: When is work time “administratively difficult to capture”? What are employers doing to capture time records and what are they doing with the data once they get it?
- Wage and hour self-audits - how are they done and what can they find? What kind of story does an employer’s data tell?
- Calculating potential liability – unpaid wages and statutory penalties.
- Calculating pay rates: guaranteed salary, usual earnings, regular rates, and more. A look at the Wage and Hour Division’s Opinion Letter FLSA2018-25 and the “reasonable relationship” between a guaranteed Weekly Salary and “usual earnings”.
- Statistical experts in court vs statistical experts in arbitration.
Who Should Attend:
- Board of Directors & Officers
- CEO and Managing Executives
- Corporate Counsel
- Compliance Officers
- Risk Officers
- Senior Management
- Employment and Labor Lawyers
- Employment Law Advisors
- Employee Relations Professionals
- Human Resource Executives
- Legal Executives
Edward Bierhanzl is a Director at Resolution Economics, LLC, an economic consulting firm with offices in Los Angeles, Chicago, Washington, D.C., and New York.
Dr. Bierhanzl has extensive experience in economic modeling and statistical analysis in the areas of labor and employment. He has worked on engagements involving allegations of age, race, and gender discrimination in compensation, hiring, termination, performance, promotion and other employment decisions. In wage and hour matters Dr. Bierhanzl has provided analysis and expertise addressing both FLSA and state law issues of overtime pay, missed meals and breaks, off-the-clock work and employee misclassification. The scope of projects he has worked on has ranged from large class action matters and multi-district litigation to small single-plaintiff cases.
Dr. Bierhanzl holds Ph.D. and M.S. degrees in Economics from Florida State University
Edward Bierhanzl is a Director at Resolution Economics, LLC, an economic consulting firm with offices in Los Angeles, Chicago, Washington, …
Diane is a senior partner in Hanson’s Labor and Employment Section. Her practice concentrates exclusively on representing employers mainly in the senior living and public transit industries. Diane has expertise in every aspect of the employment relationship and counsels clients on the liabilities that could arise from that relationship. Some of the areas in which Diane has experience in federal, state and agency forums include wrongful termination, discrimination, background checks, battery, misrepresentation, retaliation, negligent hiring, harassment, privacy, and wage disputes. She also drafts policies and procedures to protect her clients from legal exposure. Diane also contributes her time to pro bono legal work programs. She is a former Hamilton Families board of director member, a San Francisco service provider to homeless families. She and other firm attorneys continue to assist Hamilton Families with pro bono legal services. Diane also donates her time to the Swords to Plowshares’ Pro Bono Legal Services Program.
Diane is a senior partner in Hanson’s Labor and Employment Section. Her practice concentrates exclusively on representing employers mainly in …
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Method Of Presentation:
General knowledge of wage and hour laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Resolution Economics 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.
About Hanson Bridgett LLP
Hanson Bridgett is a law firm with more than 150 attorneys in offices in San Francisco, Sacramento, the North Bay, the East Bay and Los Angeles. Serving clients since 1958, we are well known in California and have earned a national reputation in many of our practice areas. Our diverse client list includes large national and global companies as well as many governmental entities, regional businesses and individuals. While our offices are located throughout California, our attorneys frequently work on matters that cross domestic and international borders. To ensure our clients receive flawless service and top notch legal counsel wherever they may be located, we have forged alliances with firms in national and international legal networks. As members, we can provide our clients with legal expertise on the ground across the US and worldwide. We are a certified B Corp and are socially responsible members of our communities. Our firm is driven by a commitment to diversity, charitable giving, pro bono legal work and hands-on service.