Wage & Hour: Mitigating Risks and Ensuring Compliance in 2014
Overview:Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding this topic. This LIVE webcast aims to help you to avoid common pitfalls and risk issues surrounding: Wage & Hour Compliance in 2014.
Key topics include:
- An overview of Wage and Hour Laws
- Wage and Overtime Calculations
- Employee Exemptions
- Update on DOL enforcement actions
- Practical Guidance to Reduce Risks in Compliance
- Emerging Issues in Wage and Hour Litigation
Baker & Hostetler LLP
- Employers should expect that the Wage and Hour Division (“WHD”), in particular, and the U.S. Department of Labor, in general, will continue its vigorous enforcement of the wage and hour laws and, in the words of AFL-CIO President, Richard Trumka, to “talk tough and act tough,” particularly after the recent confirmation of a new Wage and Hour Administrator. Directed investigations of employers in particular industries and unannounced visits by WHD investigators are likely to become more rather than less prevalent.
- With the courts showing increased scrutiny and skepticism of wage and hour collective/class actions when faced with employer decertification motions, the Solicitor of Labor’s Office likely will look harder at bringing nationwide or enterprise-wide enforcement actions against employers whose policies or practices appear non-compliant. To stop these actions before they start, employers need to be prepared in advance and to think strategically and thoughtfully when they are initially faced with a WHD investigation.
- Continuing litigation attempting to minimize employer utilization of longstanding “fluctuating workweek” principles in overtime and back-wage calculations has enormous practical implications for employers and should be watched carefully.
- It is more important than ever that employers carefully scrutinize their use of “independent contractors.” This issue will continue to be a major focus of the Wage and Hour Division; the new Administrator has criticized “fissured” industries” and employers’ reliance on independent contractors and subcontractors.
- Issues involving unpaid “off-the-clock” work continue to proliferate. Employer policies and practices that address “off-the-clock” work head-on and strictly prohibit such work can go a long way in taking these issues out-of-play even under longstanding FLSA “suffer or permit” principles.
- Although we are all taught to think “outside the box,” the FLSA does not reward creativity. Working “inside the box” of applicable WHD regulations and interpretations and applying continual vigilance to wage and hour compliance may the best defense against costly private litigation and governmental enforcement activity.
Ropes & Gray LLP
- Government Enforcement: State Investigations
- Misclassifying Employees as Independent Contractors or Unpaid Interns
- Emerging Issues in Wage and Hour Employment Litigation: suitable seats, automatic deductions for meal breaks, off work emails, and others
- Mitigating Exposure in Wage and Hour Collective Actions and Class Actions: offers of judgment, class member communications, class certification/decertification
Who Should Attend:
- Employee relations professionals
- Employment and Labor Lawyers
- Employment law advisors
- HR and Personnel professionals
- Risk and Compliance Officers
- In-house counsel
- Legal Consultants
- Senior Management
- Other Related/Interested Professionals
David A. Grant is a Partner in the Washington Office of Baker & Hostetler LLP. He is the Chair of the BakerHostetler’s Employment and Labor Group. Mr. Grant has over thirty-five years of experience in all aspects of labor and employment law, with a particular emphasis on investigations by the Wage and Hour Division of the U.S. Department of Labor under the Fair Labor Standards Act, litigation brought by the Solicitor of Labor’s Office, and wage and hour collective and class action litigation generally. He is a frequent speaker on wage and hour topics and contributes to BakerHostetler’s Employment Class Action Blog. Before joining BakerHostetler, Mr. Grant worked for two years as an attorney in the Fair Labor Standards Division of the Office of the Solicitor of the U.S. Department of Labor in Washington, D.C.
David A. Grant is a Partner in the Washington Office of Baker & Hostetler LLP. He is the Chair of …
Jeffrey F. Webb heads Ropes & Gray’s Labor and Employment practice. He has litigated wage and hour collective actions and class actions in state and federal courts across the country for many years, and he regularly counsels employers on wage and hour issues. He previously served in a senior government position where he headed up teams of lawyers enforcing wage and hour laws through criminal prosecutions and civil actions. He also held a senior in-house position at Fox Entertainment Group, where he counseled executives on wage and hour compliance, managed outside counsel handling wage and hour lawsuits, and supervised an in-house team that defended employment litigation. Jeff also represents employers in other complex employment litigation matters, including employment discrimination class actions, ERISA class actions, trade secrets and restrictive covenant litigation, and actions brought by highly compensated senior executives.
Jeffrey F. Webb heads Ropes & Gray’s Labor and Employment practice. He has litigated wage and hour collective actions and …
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NASBA Fields of Study:
Personnel/HR and Business Law
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About Baker & Hostetler LLP
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About Ropes & Gray LLP
Ropes & Gray is one of the world’s premier law firms, with approximately 1,100 lawyers serving clients in major centers of business, finance, technology and government. The firm has offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo and Seoul.
Ropes & Gray's Labor and Employment lawyers represent private- and public-sector employers in every aspect of the employee-employer relationship. Ropes & Gray’s clients include Fortune 500 companies as well as other large, medium-sized and small organizations in a broad range of industries. Ropes & Gray’s Labor & Employment lawyers work closely with clients to avoid expensive and counterproductive legal disputes through the development of sound policies and practices. Where conflict is unavoidable, our experienced employment litigators defend clients in state and federal courts, before administrative agencies, and in arbitrations.