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.
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
John Lewis concentrates his practice on the resolution of complex employment, labor and regulatory disputes, including the defense and oversight of class action litigation. The majority of John’s time is devoted to litigation, appellate practice and alternative dispute resolution procedures involving federal and state anti-discrimination, wage and hour and fair housing laws, the Railway Labor Act, the Civil Rights Acts, the Federal Reserve Act, the Sarbanes-Oxley Act, the Employee Retirement Income Security Act and wrongful discharge, individual employment contract, trade secret, non-competition and work-related tort claims. He has participated in more than 80 cases before federal and state appellate courts. John has also defended insurance companies and retailers against claims that their policies and practices discriminate against minority customers or have an unlawful disparate impact on them.
Highly regarded in his field, John is an elected member of The American Law Institute and a Fellow of the College of Labor & Employment Lawyers. He is listed in Chambers USA, The Best Lawyers in America®, Who's Who in America, and Who's Who in American Law, and was named one of the "Nation’s Most Powerful Attorneys – Top 100" by Human Resource Executive Magazine. John regularly contributes to BakerHostetler's Employment Class Action blog and is a frequent speaker and author on employment and anti-discrimination law topics. He is also the author of the Employment Practice Self-Assessment Guide, Fourth Edition, published by Aegis Insurance Services, Inc.
Greg Mersol focuses on the resolution of class action and other complex employment disputes. He defends class action litigation on a wide variety of issues across the country. He is a frequent speaker and writer on issues involving class actions and the defense of class action disputes. He has been certified as an employment law specialist by the Ohio State Bar Association and has been designated a Master Bencher by the Cleveland Employment Inn of Court. In 2013, he was named by U.S. News & World Report as the "Lawyer of the Year" in Cleveland Employment Law, representing employers. Greg has been described by Chambers & Partners as a "brilliant trial lawyer" and praised for his "total unflappability" in high exposure cases.
Greg is a frequent speaker and writer on a wide range of employment topics and litigation. His recent presentations have included discussions on electronic discovery, employment class actions, employer defense strategy, and Internet use by employees. His writings include articles on class action litigation and related ethical issues, electronic discovery, and a book chapter on affirmative defenses in employment actions. In addition, Greg serves as the editor and a contributor for BakerHostetler’s Employment Class Action Blog, providing commentary on developments in employment class actions and litigation trends impacting employers.
Great information and delivery. Very useful for advising clients.
Excellent presentation and interesting material.
This helps because you never know what the standards are in arbitration.
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!
Two knowledgeable attorneys with up-to-date information; great written outline as well!
Now this was a CLE presentation. My fourth in less than 12 hours and by far the most comprehensive and informational.
One of the best and most comprehensive CLEs I have done on law line. Excellent course and good coverage of the material.
Very thorough and informative.
Informative overview of the dynamic issues faced by companies in this brave new world
Program and speakers were outstanding.
Very well organized, especially the FLSA section. Appreciated that the presenters took a national perspective and mentioned ways that CA law is different.
Excellent information. Thank you.
Extremely informative and well done.
Two excellent speakers, with good voice modulation, who knew their subject well.
very meaty topic, and very current case law discussed
The presenters were phenomenal
I have an interest in the subject matter and found the program to be very informative.
Very informative and useful
Thank you for an excellent program -- thorough and clear.
Very thorough discussion and slides. Thank you.
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