Litigating Wage and Hour Class/Collective Actions
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Wednesday, March 18, 2009
4:00 p.m. - 7:00 p.m.
Seyfarth Shaw LLP
Two Seaport Lane
Suite 300
Boston MA 02210
Sponsored by: Labor & Employment Law Section
Wage and hour litigation has increased rapidly over the past decade, with important issues of law evolving on an almost monthly basis. Whether you are in-house counsel for a company with a sizeable workforce, defense counsel called upon to defend or audit wage and hour policies, or a plaintiff’s attorney evaluating claims for a possible class action, wage and hour issues remain an ever-present and expanding part of employment litigation.
Specific Topics will include:
- What are the differences between a Rule 23 Class Action and an FLSA collective action?
- Hybrid Class Actions--Bringing state claims into federal court. How federal and state laws impact Forum Selection and Complaint drafting.
- Conditional certification--what are the standards? What does "similarly situated' mean in a misclassification case...in an off-the clock case..in a regular rate case?
- When can a class be decertified? What is the impact of decertification on opt-in plaintiffs?
- Case Management Tools for Collective Actions:
- Discovery Issues unique to class litigation, including—useful deposition questions and strategic discovery decisions.
- Protective Orders
- Bifurcation of Damages and Liability
- Contact with Collective Action members
- Pre-trial Disposition of Cases
- Offers of Judgment
- Issue Preclusion
- Trial of a Collective Action
- Use of representative testimony
- Use of experts
- Order and presentation of proof
- Settlement Issues Unique to Collective Actions
Panelists:
Brigitte M. Duffy, Esq.
Seyfarth Shaw LLP
Philip J. Gordon, Esq.
Gordon Law Group, LLP
Ellen C. Kearns, Esq.
Foley & Lardner LLP
Shannon Liss-Riordan, Esq.
Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C.
Program Co-Chairs:
Mark H. Burak, Esq.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sharen Litwin, Esq.
Kotin, Crabtree & Strong, LLP
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