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Watching the Clock: Wage and Hour Risks in the Retail Industry

(522 reviews)

Produced on May 14, 2015

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Course Information

Time 60 minutes
Difficulty Advanced

Course Description

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. 


Learning Objectives: 

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

Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit


Barbara E. Hoey

Kelley Drye & Warren LLP

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.

Representative Experience

  • Won a defense verdict for a hospital accused of terminating its Director of Risk Management for whistleblowing.
  • Won a $7.1 million verdict representing the plaintiff, a multinational corporation, asserting claims of breach of a non-compete contract and violation of the Lanham Act.
  • Won dismissal of a class action lawsuit alleging violations of the FLSA and New York State Labor Law.
  • Won summary judgment for the defendant in a lawsuit alleging violation of the ADA in U.S. District Court for the Eastern District of New York.
  • Won summary judgment for the defendant in an age discrimination lawsuit in U.S. District Court for the Northern District of New York. Court also dismissed plaintiff’s claim for breach of contract.
  • Won a defense verdict after trial, dismissing a lawsuit alleging retaliation and violation of the New York Whistleblower Law.
  • Obtained a jury verdict for the defendant in a Title VII litigation matter in which the plaintiff alleged race discrimination, wrongful termination, racial harassment and retaliation.
  • Obtained a jury verdict for the defendant in a Title VII race/national origin discrimination litigation matter.
  • Obtained a jury verdict of $1.00 in nominal damages in a federal sexual harassment litigation matter. Drafted appellate brief to Second Circuit in the successful appeal of the district court award of attorneys’ fees to the plaintiff.
  • Obtained a jury verdict for the defendant in a federal civil rights/breach of contract action against the Yonkers School Board.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of New York for The WIZ in an FLSA litigation matter brought by a sales associate.
  • Obtained summary judgment for the defendant in a sexual harassment litigation matter. Decision was affirmed by the Second Circuit.
  • Obtained summary judgment for the defendant in an action brought by a group of professional employees under the FLSA seeking to challenge their exempt status.

Honors & Awards

  • Listed as a New York “Super Lawyer,” 2009-2011 and 2013-2014
  • Ranked as a leading practitioner in the Labor & Employment area by Chambers USA, 2008-2014
  • Kelley Drye Labor and Employment group recognized as a leading practice in New York, Chambers USA, 2008 and 2009
  • Editorial Advisory Board, Employment Law 360, Member
  • Corporate Circle - National Council for Research on Women, Member


Anne P.


Gerard M.

very good course great speaker good written content

Susan M.

Very informative and presentation style was engaging. Excellent.

Avi M.


Thomas P.

Excellent overview

David Z.

good course covered more ground that title suggests

Michael V.

presenter very knowledgeable

Matthew J. B.

Well organized and presented

Laura L.

The Key Take Away at the end was very helpful with her top tips.

ethan l.

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

Jason Z.

Well done.

Lee H.

Excellent presentation, focusing on present and pressing matters of interest for employers!

M Rogan M.

Good basic overview from early 2015.

Mary E.

Excellent speaker

John B.

Great course!

Christopher B.

Great stuff

Jerry K.

Great course to take.

Mary Kathleen O.

Fantastic course. A great update on the law and completely practical.

Bill H.

well done

Richard G.

Interesting program.

Kevin F.

This was an excellent course.

Stacey W.

Great speaker, great program!!!

Ron G.

Was fantastic. Highly recommend.

Michael E.

very well presented in an area which can be complex

Tom H.

really enjoyed, especially the focus on recent developments in the topic area

Melissa B.

Fantastic course. Very informative and engaging presenter. Thank you!

Janet P.

Speaker is clear and concise.

Laurie L.


Raul T.

Very informative and well presented

Monica W.

Excellent information presented in an organized and systematic manner by a good speaker.

Karen B.

Excellent and very clear presentation!

Leslie M.

Great program--could have easily been two hour and still interesting!

Barbara E.

excellent speaker who knows this subject inside and out. A pleasure to watch interesting and informative

Nicholas V.

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

Leonora S.

Excellent presentation.

Kathy L.

Good speaker! Strong voice, good humor, and clear presentation of why/how common sense and the law align. thank you

Deborah W.

Greatly enjoyed the program. It was very helpful

Kay H.

Very good teacher and program.

Melissa B.

Really great speaker.

Zakiyah B.

Very informative. Great lecturer

Richard M.

Clear, concise, direct.

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