Preventing & Litigating Wage & Hour Cases 2018
Avoid common mistakes and learn key strategies for bringing and defending claims
- Product Number: 2180183WBC
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CLE Credits, earn up to:
3 substantive credits, 0 ethics credits CLE Credit Note -
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Product Description
Product Description
Wage and hour litigation under the federal Fair Labor Standards Act and Massachusetts law continues to be one of the most active areas of litigation in employment law. These cases are often brought as putative class or collective actions, and the availability of multiple damages, including automatic treble damages under state law, means that the risks of liability are high. This program identifies and discusses common areas of potential liability. The program also features strategies for when litigation is commenced and for pursuing and defending against class and collective actions.
Whether you represent aggrieved workers, are responding to a lawsuit or governmental investigation, or are advising companies on how to minimize risk, this program helps you identify the issues and understand the latest litigation strategies.
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Agenda
Agenda & Materials
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9:00 - 9:05 am
Welcome and Introduction
on demand video Add to Cart- Introduction of the Panelists
- Brief overview of the program
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9:05 - 9:35 am
Latest Court Decisions
on demand video Add to Cart- Federal Cases
- Epics Systems Corp. v. Lewis, 584 U.S. __(2018)
- Oudani v. TF Final Mile,__F.3d__, 2017 WL 5587648 (1st Cir. Nov. 21, 2017
- Oliveira v New Prime, Inc., 857 F.3d7 (2017), cert. grnated (Feb. 26, 2018)
- Encino Motorcars v. Navarro, 584 U.S.__(2018)
- Salinas v. Commercial Interiors Inc., 848 F.3d 125 (2017)
- Massachusetts Cases
- Mui v. Massport, 478 Mass. 551 (Jan. 29, 2018)
- Segal v. Genitrix, LLC, 478 Mass. 551 (Dec. 28, 2017)
- Casseus v. Eastern Bus Co. 478 Mass. 786 (Feb. 8, 2018)
- New Legislation: Federal Tip Income Protection Act (part of omnibus budget bill)
Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
Jonathan A. Keselenko, Esq., Foley Hoag LLP , Boston
Hillary Schwab, Esq., Fair Work, PC , Boston
- Federal Cases
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9:35 - 9:55 am
Independent Contractor Law
on demand video Add to Cart- Independent Contractor
- Overview of the Massachusetts test (M.G.L. Ch. 149, 148B)
- Gallagher v. Cerebral Palsy, 92 Mass. App. Ct. 207 (2017)
- Carey v. Gatehouse Media, 92 Mass. App. Ct. 801 (2018)
- Status of US DOL independent contractor guidance
- Interns
- DOL Fact Sheet versus test from Glatt v. Searchlight Pictures
Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
Jonathan A. Keselenko, Esq., Foley Hoag LLP , Boston
Hillary Schwab, Esq., Fair Work, PC , Boston
- Independent Contractor
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9:55 - 10:00 am
Developments in the Overtime Exemptions
on demand video Add to Cart -
10:00 - 10:15 am
Bonuses, Commissions and Other Incentive Compensation
on demand video Add to Cart- State of the law regarding bonuses
- Overview of commissions as wages
- Israel v. Voya Institutional Plan Services, 207 WL 1026416 (D. Mass. March 16, 2017)
- Smith v. Unidine, 2017 WL 4411249 (Mass. Super. July 25, 2017)
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10:15 - 10:30 am
Key Differences Between State and Federal Wage Hour Laws
on demand video Add to CartRobert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
Jonathan A. Keselenko, Esq., Foley Hoag LLP , Boston
Hillary Schwab, Esq., Fair Work, PC , Boston
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10:30 - 10:45 am
Networking and Refreshment Break
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10:45 - 10:50 am
How to Respond to Governmental Investigations
on demand video Add to Cart -
10:50 - 11:05 am
Bringing and Responding to Wage and Hour Lawsuits, Including Types of Claims Seeking Class Treatment and Employer Defenses
on demand video Add to Cart- Single Plantiff versus collective or class action
- State of federal claims or both
- Specific employer defenses to wage claims
- Offers of judgment
Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
Jonathan A. Keselenko, Esq., Foley Hoag LLP , Boston
Hillary Schwab, Esq., Fair Work, PC , Boston
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11:05 - 11:20 am
Discovery in Wage and Hour Cases, Including the Use of Experts
on demand video Add to Cart- Scope of Discovery in putative or collective actions
- Communicating wth putative class members
- Cook v. Applause Inc.
- Use of experts in connection with liability or damages
- Tyson Foods, Inc. v. Bouaphakeo, 136 S.Ct. 1036 (2016)
Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
Jonathan A. Keselenko, Esq., Foley Hoag LLP , Boston
Hillary Schwab, Esq., Fair Work, PC , Boston
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11:20 - 11:40 am
Certification of Class and Collective Actions
on demand video Add to Cart- Rule 23 class action versus FLSA collective action process
- Strategies for obtaining certification
- Opposing motions for class or collective actions
Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
Jonathan A. Keselenko, Esq., Foley Hoag LLP , Boston
Hillary Schwab, Esq., Fair Work, PC , Boston
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11:40 - 11:50 am
Damages and Settlements
on demand video Add to Cart- George v. National Water Main Cleaning Co., 477 Mass. 371 (2017)
- ERISA preemption in independent contractor cases
Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
Jonathan A. Keselenko, Esq., Foley Hoag LLP , Boston
Hillary Schwab, Esq., Fair Work, PC , Boston
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11:50 - 12:00 pm
Special Program Materials:
Please Note
MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
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- Faculty