Wage and Hour Litigation: Effective Use of Expert Witnesses

Wage and hour class and collective actions brought under the Fair Labor Standards Act (FLSA) and state law have exploded, exposing employers to expensive and time-consuming litigation. The trend is expected to continue.

As class certification standards have become more rigorous, the use of expert evidence in certification proceedings has become an integral part of wage and hour suits. Effectively using or challenging experts can mean the difference between winning or losing a class certification motion.

Expert witnesses that are appropriately selected and adequately prepared can also be vital in proving or challenging an employer’s efforts to comply with wage and hour laws during motion hearings and trial.

Listen as our authoritative panel of wage and hour litigators discusses effective practices when selecting experts, preparing expert testimony, and using experts during certification, motion hearings, mediation and trial.

1. Selecting appropriate expert witnesses
2. Using experts during class certification phase
3. Using experts during motion hearings
4. Preparing and presenting expert testimony at trial

The panel will review these and other relevant issues:

• What are the recent trends in the use of expert witnesses to support or challenge a class certification motion in wage and hour suits?
• What different standards are courts employing for evaluating expert testimony at class certification?
• What types of experts and expert testimony are most appropriate during the various stages of wage and hour litigation—at certification, during motion hearings, during mediation and at trial?
• What are some best practices for protecting and maintaining privileges when working with expert witnesses?