Wage & Hour: Mitigating Risks and Ensuring Compliance in 2014

Broadcast Date: Tuesday, June 10, 2014 from 10:00 am to 12:00 pm (ET)

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

Agenda:

David A. Grant, Partner
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.

Jeffrey F. Webb, Partner
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 Partner Baker & Hostetler LLP

David A. Grant is a Partner in the Washington Office of Baker & Hostetler LLP. He is the Chair of …

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Jeffrey F. Webb Partner Ropes & Gray LLP

Jeffrey F. Webb heads Ropes & Gray’s Labor and Employment practice. He has litigated wage and hour collective actions and …

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Course Level:
Intermediate

Advance Preparation:
Print and review course materials

Method of Presentation:
On-demand Webcast

Prerequisite:
NONE

Course Code:
144691

NASBA Fields of Study:
Personnel/HR and Business Law

NY Category of CLE Credit:
Skills

Total Credits:
2.0 CLE
2.0 CPE

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About Baker & Hostetler LLP

Baker & Hostetler LLP one of the nation’s largest law firms, represents clients around the globe. With offices coast to coast and more than 800 lawyers, clients count on BakerHostetler to help them grow and protect their businesses in a complex business and regulatory environment.

BakerHostetler has five core practice groups: Litigation, Business, Employment and Labor, Intellectual Property and Tax. Within these groups are several large specialty practices, including antitrust, bankruptcy, healthcare, energy, middle-market M&A, complex commercial litigation, data privacy and security, patent prosecution and international tax. Our attorneys have broad knowledge and experience in many industries, including energy, media, manufacturing, healthcare, financial services and insurance, consumer products and hospitality.

At BakerHostetler, we distinguish ourselves through our commitment to the highest standard of client care. By emphasizing an approach to service delivery as exacting as our legal work, we are determined to surpass our clients’ expectations.

Our national reach includes offices in Atlanta, Cleveland, Chicago, Cincinnati, Columbus, Costa Mesa, Denver, Houston, Los Angeles, New York, Orlando, Philadelphia, Seattle, and Washington, D.C.

Website: https://www.bakerlaw.com/

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.

Website: https://www.ropesgray.com/