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. The statutes are complex and have many non-intuitive requirements. In addition, state and federal laws often impose differing obligations, and employers are expected to comply with the law that is the most protective of employees. Compounding the risks of non-compliance is the availability of multiple damages, including automatic treble damages under state law.
Because wage and hour disputes often involve groups of employees, court cases are often brought as putative class or collective actions. However, in light of recent Supreme Court decisions, employers are using mandatory arbitration programs as a means of avoiding class litigation.
This program provides an overview of federal and state wage and hour laws and identifies common compliance issues and theories of liability. Learn strategies for when litigation is commenced and for pursuing and defending against class and collective actions. The faculty also discuss the pros and cons of a mandatory arbitration program. 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.