Preventing & Litigating Wage & Hour Cases

Avoid common mistakes and learn key strategies for bringing and defending claims

  • Product Number: 2240176RB2
  • CLE Credits, earn up to:
    3 substantive credits, 0 ethics credits CLE Credit Note
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Includes downloadable supporting materials. $245.00; Members $220.50; New Lawyers $122.50 Free for OnlinePass subscribers.
  • Product Description
  • Agenda & Materials
  • Faculty
  • 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. 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. The Supreme Judicial Court’s 2022 decision in Reuter v. City of Methuen highlights that treble damages are automatic even on late payments.

    Because wage and hour disputes often involve groups of employees, court cases are often brought as putative class or collective actions. In light of recent U.S. Supreme Court decisions, however, employers are using mandatory arbitration programs as a means of avoiding class and collective 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. 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.

  • Agenda

    Agenda & Materials

    • 2:00 - 2:15 pm

      Overview of State and Federal Wage and Hour Law

    • 2:15 - 2:30 pm

      Latest Court Decisions Interpreting State and Federal Wage and Hour Laws

    • 2:30 - 2:55 pm

      Proposed Changes to the FLSA Overtime Exemptions

    • 2:55 - 3:15 pm

      Joint Employment Under Federal and State Law

    • 3:15 - 3:55 pm

      Use of Independent Contractors

    • 3:35 - 3:45 pm


    • 3:45 - 4:05 pm

      Novel Theories of Liability Under Massachusetts Law

    • 4:05 - 4:20 pm

      Bringing and Responding to Wage and Hour Lawsuits, Including Types of Claims

    • 4:20 - 4:35 pm

      Seeking Class Treatment and Employer Defenses/ Class and Collective Actions

    • 4:35 - 4:40 pm

      Discovery in Wage and Hour Cases, Including the Use of Experts

    • 4:40 - 4:45 pm

      Mandatory Arbitration Programs after Epic Systems

    • 4:45 - 4:55 pm

      Damages and Settlements

    • 4:55 - 5:00 pm

      "Ask the Experts" Q&A Session and Key Takeaways


    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.

  • Faculty



    Alexandra D. Thaler, Esq., Constangy, Brooks, Smith & Prophete LLP, Boston