Wage and hour lawsuits filed under the Fair Labor Standards Act (FLSA) have risen over 400 percent since 2000 and there’s no sign of a slowdown of this pace, with private plaintiffs’ firms capitalizing on ambiguous regulations and employers unaware of the nuances of the law. Whether it is a matter of store managers contesting their “exempt” status or employees working “off the clock,” the retail sector is a particularly vulnerable target. Kelley Drye Labor and Employment Practice Chair Barbara Hoey discusses the risks faced by retailers in this era of skyrocketing litigation, what the future may hold and how to avoid being on the receiving end of a wage and hour class action.
I. Understand the Department of Labor's initiatives and focus
II. Ensure you are classifying “employees” and “contractors” correctly
III. Recognize what time must be paid and if you are capturing all “hours worked”
IV. Learn what the plaintiffs’ class action bar is targeting
Barbara Hoey is a partner in the firm’s New York office and chair of the Labor and Employment practice group. She has more than two decades of experience counseling her clients in all areas of employment law and representing them in single-plaintiff and class action litigation.
Ms. Hoey has litigated and won more than a dozen jury and bench trials involving claims arising under Title VII, Americans with Disabilities Act (ADA), False Claims Act, Fair Labor Standards Act (FLSA), New York State Whistleblower Law, Family Medical Leave Act (FMLA), and the Age Discrimination in Employment Act (ADEA). She has also litigated cases concerning breach of non-compete contracts and theft of trade secrets.
Ms. Hoey also advises clients on compliance with the employment laws and provides strategies for handling today’s endless variety of workplace issues, such as managing difficult termination decisions, policy design, handling lay-offs and oversight of internal investigations.
She has worked with employers in a variety of industries and of all types, including healthcare and telecommunication companies, as well as universities and non-profit entities.
Honors & Awards
Very informative and presentation style was engaging. Excellent.
good course covered more ground that title suggests
presenter very knowledgeable
Well organized and presented
The Key Take Away at the end was very helpful with her top tips.
Fine overview - a lot of material to cover so certain detail/examples could have been bigger with a greater time period - but good explanation for time involved
Excellent presentation, focusing on present and pressing matters of interest for employers!
Good basic overview from early 2015.
Great course to take.
Fantastic course. A great update on the law and completely practical.
This was an excellent course.
Great speaker, great program!!!
Was fantastic. Highly recommend.
very well presented in an area which can be complex
really enjoyed, especially the focus on recent developments in the topic area
Fantastic course. Very informative and engaging presenter. Thank you!
Speaker is clear and concise.
Very informative and well presented
Excellent information presented in an organized and systematic manner by a good speaker.
Excellent and very clear presentation!
Great program--could have easily been two hour and still interesting!
excellent speaker who knows this subject inside and out. A pleasure to watch interesting and informative
Wow! This is without question the best webinar I have seen in five years as a Lawline customer. Remarkably comprehensive for just an hour. Ms. Hoey lays out the law and it's practical application with refreshing clarity and leaves one with a sense that th
Good speaker! Strong voice, good humor, and clear presentation of why/how common sense and the law align. thank you
Greatly enjoyed the program. It was very helpful
Very good teacher and program.
Really great speaker.
Very informative. Great lecturer
Clear, concise, direct.
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