American Conference Institute’s 7th National Advanced Forum on

Wage Hour Claims and Class Actions

Tuesday, May 19, 2009

About

Record-breaking settlements. Record numbers of class actions. President Obama on the record saying wage and hour enforcement will be a priority…

You’ve no doubt heard that recently, Wal-Mart agreed to pay in the range of half a billion dollars – between $350 million and $640 million – to settle over 60 wage and hour claims against the company. It’s reported to be the largest wage and hour settlement ever, dwarfing other recent – yet substantial – awards in the headlines: UPS: $87 million; IBM: $65 million.

Plus, the sheer number of wage and hour claims and class actions across the country is staggering. Wage and hour class actions are the leading type of class action nationwide – by a large margin of 3-1 against other types of class actions.

And, with President Obama indicating he will make wage and hour enforcement a priority, it’s clear that preventing, managing and defending these claims will continue to be a red-hot issue for companies across the US.

Get valuable, practical information on:

  • Practical steps in-house counsel should take to ensure existing exemptions aren’t destroyed by lack of (enforcement of) corporate policies
  • Strongest arguments for and against certification, in exempt/ non-exempt cases, off-the-clock cases, and in other situations
  • Targeted investigations: industries of most interest to the DOL
  • Identifying – and resolving – the unique issues that may arise when litigating hybrid lawsuits
  • Defendant communications to plaintiffs and co-workers about the case: what’s ethical/appropriate and what’s not?

 

Contents & Contributors

About

Record-breaking settlements. Record numbers of class actions. President Obama on the record saying wage and hour enforcement will be a priority…

You’ve no doubt heard that recently, Wal-Mart agreed to pay in the range of half a billion dollars – between $350 million and $640 million – to settle over 60 wage and hour claims against the company. It’s reported to be the largest wage and hour settlement ever, dwarfing other recent – yet substantial – awards in the headlines: UPS: $87 million; IBM: $65 million.

Plus, the sheer number of wage and hour claims and class actions across the country is staggering. Wage and hour class actions are the leading type of class action nationwide – by a large margin of 3-1 against other types of class actions.

And, with President Obama indicating he will make wage and hour enforcement a priority, it’s clear that preventing, managing and defending these claims will continue to be a red-hot issue for companies across the US.

Get valuable, practical information on:

  • Practical steps in-house counsel should take to ensure existing exemptions aren’t destroyed by lack of (enforcement of) corporate policies
  • Strongest arguments for and against certification, in exempt/ non-exempt cases, off-the-clock cases, and in other situations
  • Targeted investigations: industries of most interest to the DOL
  • Identifying – and resolving – the unique issues that may arise when litigating hybrid lawsuits
  • Defendant communications to plaintiffs and co-workers about the case: what’s ethical/appropriate and what’s not?

 

Contents & Contributors

Point/Counterpoint: Plaintiff and Defense Lawyers Analyze the Newest Claims and What’s Coming Down the Pike
Mark Thierman, Thierman Law Firm (Reno, NV)
Edward W. Bergmann, Seyfarth Shaw (Chicago, IL)

Exempt Status for Grey-Area Employees: Steps for Ensuring Employees are Not Misclassified
Robert P. Davis, Mayer Brown LLP (New York & Washington, DC)
Robert V. Schnitz, Vice President and Associate General Counsel, Hyatt Hotels Corporation (Chicago)

Winning the Certification Battle and Using Dispositive Motions To Best Advantage
Stephen P. Sonnenberg, Paul Hastings (New York, NY)

Working With the Department of Labor in a Time of Change
Paul DeCamp, Jackson Lewis LLP, Former Administrator, Wage and Hour Division
US Department of Labor (New York, NY)
Douglas Weiner, Epstein Becker & Green, PC, Former Senior Trial Attorney, US Department of Labor (New York, NY)

Key Developments in States To Watch Out For: NY, MN, CA, MA
David Borgen, Goldstein, Demchak, Baller, Borgen & Dardarian (Oakland, CA)
Ellen C. Kearns, Constangy Brooks & Smith LLP (Boston, MA)
Gregg A. Gilman, Davis & Gilbert LLP, (New York, NY)
Paul Lukas, Nichols Kaster & Anderson (Minneapolis, MN)

Independent Contractors: Avoiding a Common – And Costly – FLSA Classification Issue
Joel M. Cohn, Akin Gump Strauss Hauer & Feld LLP (Washington, DC)
Marni Helfand, Associate General Counsel/Sr. Director of Human Resources, Hudson Highland Group (Chicago, IL)

Litigating the Wage & Hour Class Action: FLSA, Rule 23 and Hybrids
Michael DiMattia, McGuire Woods (New York, NY)
Shannon Liss-Riordan, Lichten & Liss-Riordan, P.C. (Boston, MA)

Making the Call Whether to Settle: Assessing Damages, Settlement Structure, Administration and More
Lee Schreter, Littler Mendelson (Atlanta, GA)
Glen P Felton, Senior Vice President and Deputy General Counsel, Unum Provident Corporation (Chattanooga, TN)
Adam Klein ,Outten & Golden LLP (New York, NY)

Ensuring Ethical Conduct When Litigating/Settling Wage and Hour Claims
Jennifer Trulock, Baker Botts (Dallas, TX)

Best Practices for Preventing and Defending Against Wage and Hour Claims and Class/Collective Actions
Glenn P. Felton, Senior Vice President and Deputy General Counsel, Unum Provident Corporation (Chattanooga, TN)



DOCUMENT TYPES: DOC PPT PDF PRESENTATIONS AVAILABLE: 26

8:00
Registration Desk Opens and Continental Breakfast Served
9:00
Co-Chairs' Opening Remarks
Mr. Adam T. Klein
Partner
Outten & Golden LLP
Mr. Edward W. Bergmann
Partner
Seyfarth Shaw
9:15
Point/Counterpoint: Plaintiff and Defense Lawyers Analyze the Newest Claims and What's Coming Down the Pike
J. Nelson Thomas

Thomas & Solomon LLP
Mr. Mark Thierman
Partner
Thierman Law Firm
1 file
Overtime Dilemma for Unlicensed Licensable Professionals
112 KB 18 pages Presentation
DOC - Overtime Dilemma for Unlicensed Licensable Professionals
Mr. Edward W. Bergmann
Partner
Seyfarth Shaw
1 file
NEWEST WAGE AND HOUR CLAIMS
63.5 KB 9 pages White Paper
DOC -  NEWEST WAGE AND HOUR CLAIMS
-Mr. Matt W. Lampe
Partner‚ Head of the New York Office's Labor & Employment Practice
Jones Day
10:30
Coffee Break
10:45
Exempt Status for Grey-Area Employees: Steps for Ensuring Employees are Not Misclassified
Mr. Robert P. Davis
Partner
Mayer Brown LLP
Mr. Robert V. Schnitz
Vice President & Associate General Counsel
HyattHotelsCorporation
11:45
Winning the Certification Battle and Using Dispositive Motions To Best Advantage
-Mr. Steph P. Sonnenberg
Paul‚ Hastings‚ Janofsky & Walker LLP
2 files
WAGE AND HOUR CLAIMS AND CLASS ACTIONS WINNING THE CERTIFICATION BATTLE AND USING DISPOSITIVE MOTIONS TO BEST ADVANTAGE
68.5 KB 9 pages White Paper
DOC - WAGE AND HOUR CLAIMS AND CLASS ACTIONS WINNING THE CERTIFICATION BATTLE AND USING DISPOSITIVE  MOTIONS TO BEST ADVANTAGE
Wage and Hour Multidistrict Litigation
203.5 KB 16 pages Presentation
PPT - Wage and Hour Multidistrict Litigation
12:45
Networking Luncheon for Delegates and Speakers
14:00
Working With the Department of Labor in a Time of Change
Mr. Paul DeCamp
Partner
Jackson Lewis LLP
2 files
Working With DOL In A Time Of Change
958.5 KB 24 pages Presentation
PPT - Working With DOL In A Time Of Change
WAGE AND HOUR CLAIMS UNDER THE NEW DEPARTMENT OF LABOR
77.5 KB 4 pages White Paper
DOC - WAGE AND HOUR CLAIMS UNDER THE NEW DEPARTMENT OF LABOR
Mr. Douglas Weiner
Senior Counsel
Epstein Becker Green, PC
1 file
Working with the Department of Labor in a Time of Change
586 KB 31 pages Presentation
PPT - Working with the Department of Laborin a Time of Change
15:15
Networking and Refreshment Break
15:30
Key Developments in States To Watch Out For: NY‚ MN‚ CA‚ MA
Mr. David Borgen
Partner
Goldstein‚ Demchak‚ Baller‚ Borgen & Dardarian
1 file
KEY DEVELOPMENTS IN CALIFORNIA WAGE AND HOUR CLASS ACTION LAW
96.5 KB 4 pages White Paper
DOC - KEY DEVELOPMENTS IN CALIFORNIA WAGE AND HOUR  CLASS ACTION LAW
Ellen C. Kearns

Constangy Brooks & Smith LLP
1 file
UNIQUE ASPECTS OF MASSACHUSETTS WAGE AND HOUR LAWS
67 KB 19 pages Presentation
DOC - UNIQUE ASPECTS  OF MASSACHUSETTS WAGE AND HOUR LAWS
Mr. Gregg A. Gilman
Partner‚ Co-Chair Employment Practices
Davis & Gilbert LLP
1 file
KEY DEVELOPMENTS IN NEW YORK
291.5 KB 13 pages Presentation
PPT - KEY DEVELOPMENTS IN NEW YORK
Mr. Paul J. Lukas

Nichols Kaster, PLLP
1 file
Wage & Hour Claims and Class Actions Key Developments in States To Watch Out For: NY, MN, CA, MA
69 KB 20 pages Presentation
PDF - Wage & Hour Claims and Class Actions Key Developments in States To Watch Out For: NY, MN, CA, MA
16:45
Independent Contractors: Avoiding a Common - And Costly - FLSA Classification Issue
-Mr. Joel M. Cohn

Akin Gump Strauss Hauer & Feld‚ LLP
2 files
Independent Contractors: Avoiding a Common and Costly FLSA Classification
2.9 MB 15 pages Presentation
PPT - Independent Contractors: Avoiding a Common and Costly FLSA Classification
INDEPENDENT CONTRACTORS: AVOIDING A COMMON—AND COSTLY—FLSA CLASSIFICATION ISSUE
138 KB 5 pages White Paper
PDF - INDEPENDENT CONTRACTORS: AVOIDING A COMMON—AND COSTLY—FLSA CLASSIFICATION ISSUE
Ms. Marni Helfand
Associate General Counsel/Sr. Director of Human Resources
Hudson Highland Group
1 file
Independent Contractors: Avoiding a Common and Costly FLSA Classification
2.9 MB 15 pages Presentation
PPT - Independent Contractors: Avoiding a Common and Costly FLSA Classification
17:30
Day One Concludes
8:00
Continental Breakfast
9:00
Co-Chairs' Opening Remarks
9:15
Litigating the Wage & Hour Class Action: FLSA‚ Rule 23 and Hybrids
Mr. Michael DiMattia
Partner
McGuire Woods
5 files
US Court 1
1.6 MB 30 pages White Paper
PDF - US Court 1
US Court 2
1.7 MB 30 pages White Paper
PDF - US Court 2
US Court 3
1.1 MB 30 pages White Paper
PDF - US Court 3
US Court 4
1014.3 KB 30 pages White Paper
PDF - US Court 4
US Court 5
859 KB 30 pages White Paper
PDF - US Court 5
Ms. Shannon Liss-Riordan
Partner
Lichten & Liss-Riordan‚ P.C.
3 files
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
76.5 KB 13 pages White Paper
DOC - UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
UNITED STATES DISTRICT COURT
51.5 KB 12 pages Presentation
PDF - UNITED STATES DISTRICT COURT
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
67.5 KB 18 pages White Paper
DOC - UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
10:15
Coffee Break
10:30
Making the Call Whether to Settle: Assessing Damages‚ Settlement Structure‚ Administration and More
Ms. Lee Schreter
Shareholder
Littler Mendelson P.C.
1 file
Mediation and Settlement Strategies in FLSA Collective Actions: Assessing Damages, Settlement Structure, Administration and More
459 KB 22 pages Presentation
PPT - Mediation and Settlement Strategies in FLSA Collective Actions: Assessing Damages, Settlement Structure, Administration and More
Mr. Glenn P. Felton
Senior Vice President and Deputy General Counsel
Unum Provident Corporation
1 file
American Conference Institute WAGE HOUR CLAIMS AND CLASS ACTIONS
407.5 KB 13 pages Presentation
PPT - American Conference InstituteWAGE HOURCLAIMS AND CLASS ACTIONS
Mr. Adam T. Klein
Partner
Outten & Golden LLP
1 file
SETTLEMENTS 101: THE FAIR LABOR STANDARDS ACT
67 KB 12 pages Presentation
DOC - SETTLEMENTS 101: THE FAIR LABOR STANDARDS ACT
11:45
Ensuring Ethical Conduct When Litigating/Settling Wage and Hour Claims
Ms. Jennifer M. Trulock
Partner
Baker Botts LLP
2 files
Ethical Considerations for Settling and Litigating Wage and Hour Claims
406 KB 45 pages Presentation
PPT - Ethical Considerations for Settling and Litigating Wage and Hour Claims
Ensuring Ethical Conduct When Litigating and Settling Wage and Hour Claims
420.5 KB 49 pages Presentation
PPT - Ensuring Ethical Conduct When Litigating and Settling Wage and Hour Claims
12:45
Networking Luncheon for Delegates and Speakers
14:00
Judges Speak Out on Wage and Hour and Class Action Litigation
Hon. Richard Kramer
San Francisco Superior Ct.
Hon. Anthony J. Mohr
Superior Court Judge
California Superior Court, Los Angeles County
Hon. Leonard D. Wexler

United States District Court‚ District of New York
The Honorable Arthur J. Boylan

U.S. District Court, District of Minnesota
Mr. Douglas Weiner
Senior Counsel
Epstein Becker Green, PC
15:15
Networking and Refreshment Break
15:30
Best Practices for Preventing and Defending Against Wage and Hour Claims and Class/Collective Actions
Mr. Vann Vogel
Deputy General Counsel‚ Labor & Employment
Verizon Wireless
Mr. Jack Johnson
Associate General Counsel
Barclays Capital Inc.
Mr. Glenn P. Felton
Senior Vice President and Deputy General Counsel
Unum Provident Corporation
1 file
American Conference Institute WAGE HOUR CLAIMS AND CLASS ACTIONS
407.5 KB 13 pages Presentation
PPT - American Conference InstituteWAGE HOURCLAIMS AND CLASS ACTIONS
Ms. Lee Schreter
Shareholder
Littler Mendelson P.C.
1 file
Mediation and Settlement Strategies in FLSA Collective Actions: Assessing Damages, Settlement Structure, Administration and More
459 KB 22 pages Presentation
PPT - Mediation and Settlement Strategies in FLSA Collective Actions: Assessing Damages, Settlement Structure, Administration and More
16:45
Q&A Wrap-Up and Conference Concludes