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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, October 20, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will examine the unique strategic issues hybrid wage/hour cases present for employment litigators and offer practical tips for navigating Fair Labor Standards Act (FLSA) collective actions and state wage and hour class claims simultaneously.

Faculty

Noel P. Tripp
Principal
Jackson Lewis P.C.

Mr. Tripp has represented employers in matters pending before federal and state courts and administrative agencies covering the entire gamut of employment-related claims. His focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws, and the provision of preventive advice regarding wage law compliance and class action avoidance. He has defended dozens of putative wage-hour class and collective actions, ranging from “white-collar” misclassification actions to claims brought in behalf of hourly employees seeking to recover unpaid minimum, regular and/or overtime wages, amounts unlawfully deducted from wages, unpaid commissions, and gratuities. Mr. Tripp has spoken about wage-and-hour matters to numerous industry and professional associations. He has also served as a mediator for class and collective action cases and co-teaches a seminar on wage issues at Fordham Law School. 

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William J. Anthony
Partner
Littler Mendelson PC

Mr. Anthony focuses his labor and employment practice on class, collective, and multi-party actions, including a broad spectrum of federal and state law wage and hour claims. He has successfully defended against actions alleging misclassification of independent contractors, misclassification of employees, “off the clock” work, failure to properly calculate the regular rate of pay, and similar claims. He also has defended class claims under the Fair Credit Reporting Act and discrimination statutes. In addition, Will represents organizations in single-plaintiff cases alleging discrimination, harassment, wrongful termination, and breach of contract.

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Description

An increasing number of wage and hour lawsuits are filed as hybrid cases that include federal FLSA collective claims and state wage and hour class claims. Plaintiffs see procedural and substantive advantages in hybrid class actions. Defendants fear increased liability exposure and more complex litigation.

The mechanisms for bringing and defending claims under the FLSA and state laws are different and confusing for parties and counsel. Plaintiffs must navigate cases requiring them to opt into one class and opt out of another.

Employers defending against hybrid wage and hour class actions must determine the best approach for their case--seek removal, attack on jurisdiction grounds, address the merits first or oppose certification. Settling hybrid collective/class actions also presents unique challenges.

Listen as our authoritative panel of employment litigators explains the latest trends in hybrid wage and hour cases and discusses considerations and tactics for employment attorneys navigating federal and state wage and hour procedures simultaneously.

Outline

  1. Recent trends and case law developments in FLSA hybrid collective and class actions
  2. Considerations for litigating hybrid cases
    1. Removal considerations
    2. Jurisdictional issues, including CAFA and Bristol-Myers doctrine
    3. Class certification issues
    4. Settlement issues

Benefits

The panel will review these and other key issues:

  • Latest trends in hybrid wage and hour class and collective actions
  • Advantages to plaintiffs of filing hybrid class actions
  • Effective strategies for employment litigators seeking to defend against a hybrid claim
  • Challenges of settling hybrid class and collective actions