Day 1 - Monday, June 4, 2018

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome Remarks
8:00
Wage and Hour Year in Review: Analyzing the Practical Implications of the Most Influential Wage & Hour Cases of the Last Year
8:45
In-House Counsel Perspectives on Navigating Claims and Class Actions in Today’s Evolving Wage & Hour Landscape
9:45
Morning Coffee Break
10:00
In-House Insights on Risk Mitigation Strategies and Conducting Internal Wage & Hour Audits
10:45
Tracking the Latest Initiatives of the DOL Wage & Hour Division, Preparing for and Responding to Government Investigations and Developing Effective Strategies for DOL Prosecutions
11:45
Networking Luncheon for Speakers and Delegates
12:45
Navigating The Latest State and Local Regulations Impacting the Wage & Hour Landscape
1:45
Wage & Hour Settlements: Developing Effective Strategies to Address Increased Hurdles and Judicial Scrutiny
2:35
Afternoon Refreshment Break
2:50
Preventing and Defending Pay Equity Claims, and Navigating Recent Challenges Created by State Salary History Bans
3:50
Wage & Hour Exposures by Key Industries: Examining the Latest Developments and Claims Trends Impacting the Hospitality, Transportation, Healthcare, Education and Retail/Service Industries
4:40
“Ask the Plaintiffs’ Bar”: Adapting Your Strategies to New and Innovative Techniques Being Brought by Your Adversaries in the Wage & Hour Context
5:30
Cocktail Reception Hosted by

Day 2 - Tuesday, June 5, 2018

8:30
Registration and Continental Breakfast
8:55
Co-Chairs Opening Remarks and Recap of Day One
9:00
Successfully Litigating the Latest “Off-the-Clock” Claims: Devising Valuable Defense Strategies through Insights from Plaintiffs’ Counsel
10:00
Devising Innovative Strategies for Arbitrating Wage & Hour Cases and Understanding the Implications of the Supreme Court’s Ruling on Class Action Waivers
10:50
Morning Coffee Break
11:10
Navigating the Uncertainty Surrounding Joint Employment Liability and Defeating Joint Employment Allegations Early in Litigation
12:00
Networking Luncheon for Speakers and Delegates
1:00
Revisiting the Evolving Role of Wage & Hour Insurance: New Exposures, Claims Trends and Coverage Challenges
2:00
Afternoon Refreshment Break
2:15
Ethical Challenges in Wage & Hour Litigation and Settlements
3:15
Conference Ends

Day 1 - Monday, June 4, 2018

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome Remarks

Cheryl D. Orr
Partner
Drinker Biddle & Reath, LLP (San Francisco, CA)

William C. Martucci
Partner
Shook, Hardy & Bacon LLP (Washington, DC)

8:00
Wage and Hour Year in Review: Analyzing the Practical Implications of the Most Influential Wage & Hour Cases of the Last Year

Leslie Kali Eason
Partner
Gordon Rees Scully Mansukhani (Atlanta, GA)

Steven D. Hurd
Partner
Proskauer Rose LLP (New York, NY)

This panel will provide you with a comprehensive survey of the year’s most important court decisions involving wage and hour claims. Follow along as counsel will engage you in an interactive discussion of the latest developments over the past year and explore the real-life impact of each of these cases on wage and hour litigation practice. Participants will learn what these cases reveal about trends in wage and hour litigation as well as recommendations for how in house counsel and practitioners can update their litigation strategies in response to recent developments.

Whether you are new to the practice of wage and hour litigation or a senior practitioner in need of a refresher, you will find this session invaluable for getting up to speed on the latest jurisprudence and administrative movements, while maximizing your opportunity to engage in the advanced discussion that will be the hallmark of the main conference.

Please note that the cases covered during this session will be updated to include all high profile cases resolved by June 2018.

8:45
In-House Counsel Perspectives on Navigating Claims and Class Actions in Today’s Evolving Wage & Hour Landscape

Ali Ayazi
Senior Vice President, Associate General Counsel
21st Century Fox America, Inc.

Alexander Wood
Legal Director Employment Law
PepsiCo, Inc. (New York, NY)

Jason Nickerson
Senior Employment and Labor Counsel
Whole Foods Market

John W. Hamlin
Chief Counsel, Employment, Benefits and Governance
Marsh & McLennan (New York, NY)

Shelly Ranus
Director, Corporate Counsel
Starbucks (Seattle, WA)

Moderator:

Cheryl D. Orr
Partner
Drinker Biddle & Reath, LLP (San Francisco, CA)

A panel of esteemed in-house counsel will provide high-level insights and unique perspectives on preventing and navigating wage & hour claims and class actions, including:

  • Formulating and adapting your wage & hour policies in the face of increased uncertainty caused by the new administration
  • Assessing what companies should be doing if they have already made changes pursuant to Obama’s initiatives?
  • Employing best practices while in this state of limbo
  • Identifying new and emerging areas of risk in the wage & hour landscape

9:45
Morning Coffee Break
10:00
In-House Insights on Risk Mitigation Strategies and Conducting Internal Wage & Hour Audits

Jeffery S. Brockmann
Senior Corporate Counsel
U.S. Bank (Minneapolis, MN)

Richard Heller
Sr. Vice President and General Counsel
Legal Sea Foods (Boston, MA)

Michael Segall
Vice President & Assistant General Counsel
Hyatt Hotels Corporation (Atlanta, GA)

Moderator:

Mandana Massoumi
Partner
Manatt, Phelps & Phillips, LLP (Costa Mesa, CA)

  • Conducting a self/internal wage & hour audit
    • When should one be conducted? Who should be involved?
    • What practices, processes and documents should be looked at, and by whom?
  • Understanding what in-house can do to make their clients less of a target
  • First-hand accounts of compliance strategies and pitfalls to avoid
  • Selecting and retaining outside counsel
  • Managing complex litigation

10:45
Tracking the Latest Initiatives of the DOL Wage & Hour Division, Preparing for and Responding to Government Investigations and Developing Effective Strategies for DOL Prosecutions

Bran Noonan
Partner
Akerman LLP (New York, NY)

Steven F. Pockrass
Partner
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (Indianapolis, IN)

Douglas Weiner
Of Counsel
Lipman & Plesur, LLP (New York, NY)

  • An 18-month look back on what Trump’s administration has done so far
  • What is the current DOL Wage & Hour Division looking at in terms of labor agendas and priorities, and what can we expect in the year to come?
  • Assessing the latest DOL interactions with the NLRB and their implications on the wage & hour landscape
  • Examining how the current DOL is scaling back wage & hour initiatives of the previous administration
    • How are the states and private plaintiffs filling in the gaps?
  • Analyzing best practices for preparing for and defending internal government investigations and adjudications
  • Developing key strategies for surviving prosecution by the DOL, including:
    • Responding to a DOL audit before it becomes a lawsuit
    • Challenging the DOL’s “representative” evidence through motion and discovery
    • Negotiating a vast reduction in the demand in a wage & hour case
  • Strategies for defending wage & hour matters before state DOLs

11:45
Networking Luncheon for Speakers and Delegates
12:45
Navigating The Latest State and Local Regulations Impacting the Wage & Hour Landscape

Glenn Grindlinger
Partner
Fox Rothschild LLP (New York, NY)

Frank Mazzaferro
Attorney
Fitapelli & Schaffer (New York, NY)

  • Formulating best practices for keeping in compliance with multiple varying state/city/local minimum wage laws
  • Assessing the latest claims trends involving minimum wage violations
    • Avoiding pitfalls when having one payroll system and varying federal, state and local minimum wage requirements
  • Tackling the unique challenges associated with doing business in states with increasingly varied minimum wage laws (e.g. New York, CA)
  • Developing strategies for litigating minimum wage violation claims once sued
  • Keeping in line with varying/overlapping state, city and local paid sick and family leave laws
    • Examining the nuances of the various different paid sick and family leave laws by state
    • Avoiding the risks of claims associated with operating under these varied and competing laws
    • Tracking industry efforts to come up with a “one-size-fits-all” policy to prevent violations
  • Assessing the latest state regulations/directives affecting the wages of tipped workers and tip pooling
  • Keeping abreast of other state/local laws and court decisions impacting wage & hour: (e.g. wage theft prevention, payment of unused vacation, paystub and payroll credit card violations, automated payroll violations, etc.)

1:45
Wage & Hour Settlements: Developing Effective Strategies to Address Increased Hurdles and Judicial Scrutiny

Nathan Oleson
Partner
Akin Gump Strauss Hauer & Feld LLP (Washington, DC)

Reena Desai
Partner
Nichols Kaster PLLP (Minneapolis, MN)

William Dugan
Partner
Baker McKenzie (Chicago, IL)

  • Examining the latest trends, challenges and strategies in approaching and navigating settlement of wage and hour claims
  • Developing strategies for settlement in the face of increasing court scrutiny and restrictions on settlement and settlement agreements
    • Assessing the types of restrictions courts are placing on what parties can mutually agree to under settlement agreement
  • Formulating best practices for dealing with the court approval process
  • Overcoming settlement challenges as related to:
    • Confidentiality of settlement terms
    • Inclusion of non-disparagement provisions
    • Inclusion of “no re-hire” and “no re-apply” provisions
    • Attorneys fees, costs and incentive payment in settlement
    • Allegations of collusion between parties
  • Implementing creative and cost-efficient ways to settle
  • Developing strategies for handling the settlement of multiple concurrent lawsuits

2:35
Afternoon Refreshment Break
2:50
Preventing and Defending Pay Equity Claims, and Navigating Recent Challenges Created by State Salary History Bans

Nicole Groves
Associate General Counsel
Facebook (New York, NY)

Mike Delikat
Partner
Orrick Herrington Sutcliffe, LLP (New York, NYC)

Marcia Goodman
Partner
Mayer Brown LLP (Chicago, IL)

Mandana Massoumi
Partner
Manatt, Phelps & Phillips, LLP (Costa Mesa, CA)

Pay discrimination claims are among the latest cause of angst among employers.This session will provide a comprehensive survey and detailed analysis of emerging state pay equity laws, with a focus on different state nuances and pitfalls to avoid. This panel will provide you with the tools that you need to develop essential strategies for counseling clients on proactive measures and best practices to prevent and defend against pay discrimination claims. Points of discussion include:

  • Devising best practices for evaluating and drafting defensible compensation policies and procedures
  • Performing statistical analyses by partnering with experienced labor economists and statisticians
  • Advising on employment policies and practices that may impact pay (e.g. hiring practices, job descriptions, performance reviews, etc.)
  • Conducting and managing pay equity preemptive audits, particularly when operating under varying state regulations
  • Addressing the recent trend of banning salary history inquiries during the hiring process – what implications is this having on employers and how to navigate this
  • Understanding the latest pay transparency protections and how employers should best handle them
  • Assessing the role of the Trump administration’s EEOC in this space
  • Identifying trends in the private litigation of these claims

3:50
Wage & Hour Exposures by Key Industries: Examining the Latest Developments and Claims Trends Impacting the Hospitality, Transportation, Healthcare, Education and Retail/Service Industries

Christopher Pardo
Partner
Constangy, Brooks, Smith & Prophete, LLP (Boston, MA)

Evangeline C. Paschal
Partner
Hunton & Williams LLP (Washington, DC)

Antonio Caldarone
Partner
Laner Muchin Ltd. (Chicago, IL)

This panel will provide a comprehensive overview of the top industries (and industry niches) being hit with wage and hour claims and enforcement efforts. Topics to be covered include:

  • Addressing the latest claims trends by industry
    • What are the statutory implications in these claims?
  • Identifying what plaintiffs’ counsel are capitalizing on in these claims and defense strategies for defeating them
  • Assessing the impact of the Trump DOL on the wage and hour claims being faced by these key industries
    • Examining the implications of the latest DOL initiatives regarding tip pooling

4:40
“Ask the Plaintiffs’ Bar”: Adapting Your Strategies to New and Innovative Techniques Being Brought by Your Adversaries in the Wage & Hour Context

Gary Lynch
Partner
Carlson Lynch Sweet & Kilpela, LLP (Pittsburgh, PA)

Jason C. Marsili
Partner
Posner & Rosen LLP (Los Angeles, CA)

Renan Varghese
Attorney
Wigdor LLP (New York, NY)

Aashish Y. Desai
Partner
Desai Law Firm (Costa Mesa, CA)

  • Assessing the latest trends in wage and hour claims and class and collective actions from the plaintiffs’ bar perspective
  • Identifying methods used by plaintiffs’ counsel in finding classes, and examining court restrictions on using such methods
  • Understanding what makes a claim attractive or unattractive to the plaintiffs’ bar
  • Plaintiff counsel perspectives on the latest developments and nuances in class certification
  • Addressing the latest state law claims being brought by the plaintiffs’ bar
    • What states and industries are being most targeted?
    • What are the emerging theories of liability in these cases?
  • Addressing how plaintiffs’ attorneys meet their burden of putting on representative evidence
  • Understanding how plaintiffs’ counsel are approaching settlement in light of recent court hurdles and judicial scrutiny

5:30
Cocktail Reception Hosted by

Day 2 - Tuesday, June 5, 2018

8:30
Registration and Continental Breakfast
8:55
Co-Chairs Opening Remarks and Recap of Day One
9:00
Successfully Litigating the Latest “Off-the-Clock” Claims: Devising Valuable Defense Strategies through Insights from Plaintiffs’ Counsel

Ellen Boshkoff
Partner
Faegre Baker Daniels LLP (Indianapolis, IN)

Dennis M. McLelland
Partner
Phelps Dunbar LLP (Tampa, FL)

Bryan Arbeit
Attorney
Wigdor LLP (New York, NY)

  • Examining the latest notable FLSA and state wage & hour case law involving:
    • The continuous work day
    • Use of smart phones outside scheduled hours
    • Bring Your Own Device (BYOD) policies
    • Remote work/virtual desktop from home
    • Tasks performed to prepare or get ready for the day / tasks performed to wrap up the day
  • Plaintiff counsel insights on what they are capitalizing on in litigation of these claims
  • Tackling the latest innovative defense strategies to claims (and class actions) involving uncompensated, work-related use of smartphones/mobile devices and remote desktop by non-exempt employees outside their working hours
  • Overcoming the challenges of tracking and recording time worked off-the-clock
  • Winning the issue of whether putative class members are similarly situated for purposes of the class and collective action certification process

10:00
Devising Innovative Strategies for Arbitrating Wage & Hour Cases and Understanding the Implications of the Supreme Court’s Ruling on Class Action Waivers

Peter Walker
Partner
Seyfarth Shaw LLP (New York, NY)

Sally Abrahamson
Partner
Outten & Golden LLP

  • Assessing the implications of the recent Supreme Court decision on the enforceability of class action waivers in arbitration agreements (Epic Systems Corp. v. Lewis; Ernst & Young LLP v. Morris, NLRB v. Murphy Oil USA Inc.)
    • Addressing the latest updates and developments on the arbitrability of wage and hour claims and class actions
  • Understanding the ins and outs of implementing arbitration agreements; and advising clients on key provisions and language to insert/omit
  • Developing strategies and best practices for arbitrating wage and hour cases in a way that is both productive and cost-effective
  • Formulating theories for limiting agreements to arbitrate and non-enforcement
  • Tackling the latest challenges of class-wide arbitration
  • Understanding how to best proceed after defeating class certification when plaintiff’s counsel seeks to arbitrate multiple individual claims

10:50
Morning Coffee Break
11:10
Navigating the Uncertainty Surrounding Joint Employment Liability and Defeating Joint Employment Allegations Early in Litigation

John Ho
Partner
Cozen O’Connor (New York, NY)

Catherine A. Conway
Partner
Gibson, Dunn & Crutcher LLP (Los Angeles, CA)

Magdalen Blessey Bickford
Partner
McGlinchey Stafford PLLC

Employers are increasingly relying on independent contractors, “temps” and other nontraditional workers to solve their business needs. These nontraditional work arrangements can raise a variety of complex legal issues related to joint employment liability, including but not limited to potential wage & hour claims against the entity utilizing the nontraditional workers. Being that liability as a joint employer is governed by various different standards under various different federal and state regulatory statutes, employers are left struggling to comprehend where they stand. This panel will help employers and their counsel better navigate the shifting regulatory, judicial and legislative schemes governing joint employment liability, and will provide key strategies for defeating joint employment allegations early in litigation. Focus points of this panel will include:

  • Understanding joint employment liability through a discussion of the latest developing legal standards
  • Assessing the latest activity of the new administration with regard to this issue
  • Developing key tactics and strategies for attacking and defeating joint employment allegations at the pleading phase

12:00
Networking Luncheon for Speakers and Delegates
1:00
Revisiting the Evolving Role of Wage & Hour Insurance: New Exposures, Claims Trends and Coverage Challenges

Adam J. Keating
Group Claims - Specialty Lines
Beazley Group

Thomas P. Hams
Managing Director National EPLI Practice Leader
Aon Risk Solutions

Michelle Pitcher, RPLU
Senior Vice President Underwriter Professional Liability
XL Catlin

Christine Heenan
Partner
Kaufman Borgeest & Ryan LLP (New York, NY)

  • Addressing the expanding insurance marketplace for wage & hour claims coverage
  • Understanding what underwriters are looking for in evaluating wage & hour risk
  • Methods used and challenges faced in underwriting this risk
  • Understanding the role of wage & hour insurance in the defense and settlement of claims
  • Assessing how wage & hour policies are evolving
  • Addressing common challenges that may arise when wage & hour insurance is in place
  • Identifying the type of companies that need wage & hour insurance most

2:00
Afternoon Refreshment Break
2:15
Ethical Challenges in Wage & Hour Litigation and Settlements

William C. Martucci
Partner
Shook, Hardy & Bacon LLP (Washington, DC)

  • Examining the key ethical issues that practitioners should be on the look-out for during the litigation and settlement of wage and hour claims and class actions
  • Ethical duties and best practices during the discovery process:
    • Document management, retention and preservation
    • Document reviews, including computer-assisted and outsourced reviews
    • Review and production of metadata associated with cell phones and social media
  • Handling conflicts within classes
  • Ethical duties and best practices for communications with the class
  • Unique ethical considerations in negotiating collective, class action and hybrid wage and hour settlements; guidelines and best practices to employ and ethical pitfalls to avoid
  • Attorney/client conflicts of interest in class settlement context
  • Conflict issues amongst plaintiffs
  • Attorney’s fees/fee awards
  • Communications with potential class members or opt-ins
  • Duties owed to absent class members during course of settlement/litigation

3:15
Conference Ends