Wage & Hour Claims and Class Actions

Registration and Continental Breakfast

Co-Chairs’ Opening Remarks

A. Craig Cleland
Partner
Ogletree Deakins LLP (Atlanta, GA)

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

New York & California Status Report: New Legislation and Expectations for Industry and Anticipated Changes

At this highly anticipated, opening session, benefit from insights on the shifting landscapes in New York and California, and the emerging challenges confronting employers and outside counsel. Hear first-hand insights on how practitioners are assessing newfound risks and the unknown aftermath of key developments. The session will also discuss anticipated changes and considerations for your contingency planning and litigation strategy.

NEW!

Special Considerations for Wage and Hour Policies in California: The Finer Points of PAGA Litigation and Employee Reclassification Post-Dynamex

Koray J. Bulut
Partner
Goodwin Procter LLP (San Francisco, CA)

Felicia Davis
Partner
Paul Hastings LLP (Los Angeles, CA)

• Advising employers: Perspectives on the aftermath of the Dynamex Operations West v. Superior Court of Los Angeles ruling and how it has changed the rules of the road for employers
• Status and impact of recent litigation under the Private Attorney General’s Act
• How the latest trends in PAGA claims are affecting risk and exposure
• The plaintiffs’ bar use of PAGA to circumvent class action rules
• The impact of PAGA on independent contractor wage and hour cases
• How penalties are now being calculated for PAGA violations
• How other states are looking to emulate PAGA standards
• The finer points of reclassifying employees after the Dynamex ruling
  • Comparing the standards for the “ABC” test compared to the “Borello” test
  • Where does the NLRB stand on this?

Networking Break

The Biggest Misunderstandings about Arbitration Clauses Post-Epic Systems: How Practitioners are Now Approaching Class Action Waivers and Enforceability

Kyle Ferachi
Member
McGlinchey Stafford PLLC (Houston, TX)

George W. Hicks
Partner
Kirkland & Ellis LLP (Washington, D.C.)

Jeffrey H. Ruzal
Member of the Firm
Epstein, Becker & Green P.C. (New York, NY)

• The latest methods for successfully incorporating class action waivers into employment contracts
• Inside the expected and unexpected aftermath of the Epic Systems Corp. v. Lewis case
• Implementing the expanded role of arbitration for individual claims after Epic Systems.
• Status of employee rights to waive class and collective actions: Common misunderstandings of the current landscape
• The real-life impact of Campbell v. PricewaterhouseCoopers case on both class and collective actions, as well as best practices for litigators to take in similar scenarios

A View from the Bench: Perspectives on Wage and Hour Litigation, Class Actions, Discovery and Settlements

Hon. Michael Kaplan
U.S. Bankruptcy Court
District of New Jersey

Hon. Suzanne Segal
U.S. District Court
Central District, CA

At this highly anticipated session, members of the New Jersey and California judiciary will provide insights on the current legal landscape, litigation do’s and don’ts, and more.

Networking Luncheon

5 Things to Know about Federal Regulations and DOL Opinions: 80/20 Rule, Overtime and More Important Takeaways

Andrew R. Livingston
Partner
Orrick (San Francisco, CA)

Andrew S. Rosenman
Partner
Mayer Brown LLP (Chicago, IL)

• Practical impact of the current administration’s stance on wage and hour regulations, including the FLSA
• The real-world implications of the Dual Jobs Rule (80/20), including its impact on independent contractors
  • Can this rule be applied retroactively?
• How to include administrative and executive salary exemptions applied by the DOL in wage and hour calculations
• Methods for utilizing recently released opinion letters from the DOL in everyday work
• The effects of the upcoming increase in minimum wage, and the interplay of unions
• How the expected overtime regulations will impact the wage and hour landscape

Afternoon Refreshment Break

NEW!

In-House Counsel Decision–Making in Practice: Approaches to Budgeting, Selecting Outside Counsel, and Managing Litigation

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

Alex Wood
Legal Director Employment Law
PepsiCo, Inc. (Purchase, NY)

During this session, leading in-house counsel will share perspectives and strategies they implement when working through wage and hour claims. Topics of discussion will include the qualifications desired when hiring outside counsel, discovery, working with joint employers, arbitration and settlement strategies, and insurance matters.

NEW!

Hypothetical Scenarios on Equal Pay, Family Leave, and the #MeToo Movement: The Unwritten Rules for Addressing Highly Sensitive, Complex Challenges

Magdalen Blessey Bickford
Member
McGlinchey Stafford PLLC (New Orleans, LA)

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

Jessica T. Rosenberg
Partner
Kasowitz Benson Torres LLP (New York, NY)

During this practical, interactive session, experts will work through a series of hypothetical scenarios on high stakes issues. Participants will be able to compare their approaches, and share candid feedback on an anonymous basis, and gain the latest best practices.

• Recent actions of the EEOC and what they mean for employers
• Pitfalls to avoid when using statistical analysis to prove the existence of an equal pay policy
• Preparing for legislation impacting both family and sick leave on both the federal and state levels
• Reviewing the recent Flowers v. McCartney case, and its impact on FMLA issues going forward
• Perspectives on the reasons driving the rise of equal pay cases in the wage and hour space over the last twelve months
• Artificial intelligence’s role in pay disparity
• Proper considerations towards equal pay related to promotions and job title changes
  • Will this provide exemptions to employers?
• Impact of the #MeToo movement in progressing these issues to the forefront

Conference Adjourns to Day Two

Continental Breakfast

Co-Chairs’ Remarks and Recap of Day One

NEW!

What’s Keeping Industry Up at Night? In-House Counsel Discuss the Most Pressing Issues Posed by New, Evolving State and Municipal Requirements

Keith Chapman
Associate General Counsel
Postmates Inc. (San Francisco, CA)

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

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

Moderator:

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

During this session, leading in-house counsel will offer their thoughts on the latest rules and regulations put into place by state and municipal governments. Areas of focus will include wage and hour “hotbeds”, including California, New York, Illinois, and Florida.

Morning Refreshment Break

NEW!

The Arbitrator’s Perspective: Where Legal Counsel Has Gone Right and Wrong in Arbitration Proceedings

Joel M. Grossman
Arbitrator
JAMS (Los Angeles, CA)

Theodore Cheng
Arbitrator
ADR Office of Theo Cheng (Princeton, NJ)

Moderator:

Louis DiLorenzo
Member
Bond, Schoeneck & King PLLC (New York, NY)

NEW!

INCREASED SCRUTINY OF SETTLEMENTS How Practitioners are Applying Changes to Rule 23, and Revisiting Approaches to Reaching and Implementing Settlement Agreements

A. Craig Cleland
Partner
Ogletree Deakins LLP (Atlanta, GA)

Michael J. Gray
Partner
Jones Day (Chicago, IL)

• The aftermath of recent changes to Rule 23: Reaching cost-effective settlements amid increasing court scrutiny of settlement agreements
• The top 5 most overlooked takeaways from wage and hour settlements over the last twelve months
• What are now to biggest challenges confronting defense counsel and their clients?
• Concrete examples of successfully navigating the court approval process
• How much you can limit the discovery process to narrow the scope for a settlement?
• What restrictions may be placed on the acting parties, who have reached a settlement agreement?
• Re-examining the role of the DOL in the settlement process

EPLI Roundtable – Insurers Discuss Their Risk Appetite, Coverage Exclusions and Settlement Decision-Making for Wage & Hour Claims

Raymond Cashman
Director, Management Liability and Specialty Claims
Nationwide Insurance (New York, NY)

Gerald L. Maatman Jr.
Partner
Seyfarth Shaw LLP (Chicago, IL)

Machua Millet
Chief Innovation Officer, FINPRO US
Marsh (Boston, MA)

• Changes to the marketplace for wage & hour claims coverage
• What role does the insurer now play in the settlement of wage and hour claims and class actions?
• Update on coverage limitations
• Recent changes to policies affecting employers
• Perspectives on the costs-benefits of wage and hour insurance coverage

Conference Concludes