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
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.
Terrific material
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!
Excellent presentation.
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.
Good info
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
informative
The presenters were phenomenal
very good
I have an interest in the subject matter and found the program to be very informative.
Excellent
Very informative and useful
Excellent!
Thank you for an excellent program -- thorough and clear.
Very thorough discussion and slides. Thank you.