Stemming the Onslaught of Wage & Hour Actions: Understanding the Legal Environment and the Use of Arbitration Agreements With Class Action Waivers to Limit Liability

Production Date: April 14, 2016 Practice Areas: Business, Corporate, & Securities Law, Labor & Employment Law, and Class Actions Estimated Length: 5477 minutes


$ 89 Business, Corporate, & Securities Law, Labor & Employment Law, and Class Actions In Stock

More than 8,900 Fair Labor Standards Act (FLSA) lawsuits were filed in the federal courts last year. That’s an 11% increase from 2014. The number of FLSA actions filed in federal courts has increased approximately 450% in the past 15 years. Almost all are filed as collective actions and some also have state class claims under Rule 23.


This course, presented by Gregory V. Mersol and John B. Lewis of Baker Hostetler, LLP covers the current wage and hour enforcement environment. This includes white-collar exemptions, the duties test, problems with independent contractors, the DOL’s Guidance on the joint employer standard, problems resulting from the virtual workplace and “off-the-clock work." The presentation then turns to FLSA collective action strategy and ways to favorably resolve such actions. Finally, Mr. Mersol and Mr. Lewis consider the use of arbitration agreements with class and collective action waivers as a means to manage future wage and hour claims.


This segment not only analyzes the requirements of the FAA and state contract law but also challenges to waivers coming from the National Labor Relations Board and from state statutes.


Learning Objectives:

I.     Understand the current wage and hour enforcement environment

II.    Grasp current wage and hour pitfalls, including exemptions, independent contractor misclassification, joint employer liability and problems of the virtual workplace

III.   Consider the potential impact of proposed Department of Labor rulemaking focusing on increasing the salary and compensation levels needed for employees to be exempt

IV.   Comprehend the basic principles of the Federal Arbitration Act and related U.S. Supreme Court authority

V.    Analyze the federal and state requirements necessary for an enforceable class, collective and representative action waiver in an arbitration agreement

Tom G.
Montgomery, TX

Great information and delivery. Very useful for advising clients.

Anne W.
Richmond, VA

Excellent presentation and interesting material.

Malcolm D.
Humble, TX

This helps because you never know what the standards are in arbitration.

Evan S.
Great Neck, NY

Terrific material

Julie F.
Valparaiso, IN

This was excellent. Lot's of good info on application of the FLSA is general. Definitely going to print off the materials and rewatch this video again!

Nathaniel F.

Excellent presentation.

Thomas L.
Allentown, PA

Two knowledgeable attorneys with up-to-date information; great written outline as well!

Stephanie G.
Euless, TX

Now this was a CLE presentation. My fourth in less than 12 hours and by far the most comprehensive and informational.

Robert M.
Woodbridge, VA

Good info

Aaron L.
Houston, TX

One of the best and most comprehensive CLEs I have done on law line. Excellent course and good coverage of the material.

Michael P.
Palmdale, CA

Very thorough and informative.

Heather B.
Chicago, IL

Informative overview of the dynamic issues faced by companies in this brave new world

William B.
Sugar Land, TX

Program and speakers were outstanding.

Lyn C.
Palo Alto, CA

Very well organized, especially the FLSA section. Appreciated that the presenters took a national perspective and mentioned ways that CA law is different.

Geralyn C.
Manomet, MA

Excellent information. Thank you.

Sheryl B.
McLean, VA

Extremely informative and well done.

Kenneth C.
New York, NY

Two excellent speakers, with good voice modulation, who knew their subject well.

Loretta G.
Mount Prospect, IL

very meaty topic, and very current case law discussed

Monika S.
Williamsburg, VA


Mary Beth k.
Southlake, TX

The presenters were phenomenal

alissa c.
Springfield, IL

very good

Deborah W.
Springfield, VA

I have an interest in the subject matter and found the program to be very informative.

David W.
Richmond, VA


Jimmy M.

Very informative and useful

Lawrence P.
Madison, AL


Rhonda G. W.
Washington, DC

Thank you for an excellent program -- thorough and clear.

Tamber R.
Reston, VA

Very thorough discussion and slides. Thank you.