Registration and Continental Breakfast
Senior Vice President and General Counsel
Legal Sea Foods
Philip I. Weis
Director & Senior Employment Counsel
Boehringer Ingelheim Pharmaceuticals
Vice President Legal & Human Resources
Canam Steel Corporation
Vice President – Litigation and Employment Law
Miles R. Afsharnik
Senior Vice President & National Claims Director Professional Risk Practice
Wells Fargo Insurance
Jay J. Price
Former Associate General Counsel & SVP
Bank of America
Morning Coffee Break
- Update on the latest DOL wage & hour initiatives
- Examining the current trends, practices and industries that the DOL is focusing on
- What does the DOL’s recent shift towards a more aggressive enforcement policy mean for employers?
- Strategies and best practices for employers who are targeted for investigation/audit – taking a more adversarial stance earlier on to protect your future interests
- What rights do employers have during a DOL audit?
- What types of cases are more likely to trigger litigation early on?
- Examples of cases that fit the Wage & Hour Divisions “potential litigation” criteria
- Best practices during the course of an audit to protect your future interests if the audit turns into a prosecution
- Examining the implications of the DOL’s new federal overtime regulations and “white collar exemption” requirements
- Paying employees who no longer meet the salary basis test of the “white collar” exemption
- The latest on the “duties” portion of the “white collar” exemption test
- Restructuring and reclassifying workers as hourly-paid employees to avoid overtime payment – adapting new policies and practices to track hours worked by employees whose time wasn’t tracked before
- What are the litigation risks associated with these new changes
- What organizational and/or pay practice changes will employers need to make to achieve business objectives and minimize the litigation risks?
- Trends in white collar exemption litigation
- DOL enforcement strategies
- What damages can a private litigant recover in these claims?
- Strategies for defending against claims of violation once litigation is brought
Networking Lunch for Speakers and Delegates
- The latest developments in wage and hour class and collective action treatment
- Assessing the implications of the Supreme Court’s decision in Tyson Foods, Inc. v. Bouaphakeo – using statistical / representative evidence to certify and maintain a class; examining progeny of Tyson
- The latest innovative strategies for winning and defeating certification motions
- Leveraging lessons from Dukes, Comcast and
Duran to challenge evidence on liability and damages
- Fights over proper forum – state or federal court? Using merits and experts to defeat certification
- The latest rulings on class treatment in misclassification, exemption and off-the-clock actions
- Effectively managing hybrid federal and state law class actions
- Rule 68 Offers of Judgment – the latest court decisions and treatment: can “picking off ” class representatives through a Rule 68 offer of judgment moot class action claims?
In regards to wage and hour litigation, the state of California is a leader. The volume of cases in CA courts is unprecedented, and the regulations continue to evolve and grow. As the FLSA is only one piece of the puzzle, it is imperative that companies with a California presence ensure that their wage and hour policies do not run afoul of the myriad of regulations in California. One size might not fit all as it relates to prevention and litigation strategies in California. In this session, industry experts will provide in-depth, California specific insights on:
- Litigation under the Private Attorney General’s Act:
- What’s new with PAGA? – the latest trends and treatment of PAGA claims
- How is the plaintiffs’ bar using these PAGA rules to get around class action rules?
- PAGA actions brought in federal court
- Compliance with Rule 23 certification
- Which claims are on the rise in California, and what industries are most susceptible?
- The latest in claims related to:
- Suitable Seating
- Expense Reimbursement
- Sick & Family Leave Laws
- Time Rounding Policies
- Payroll and Paystub Violations
- Payroll Debit Card Usage
- Meal and Rest Breaks
- California workers’ compensation
- Analysis of settlement/approval issues by county
- Discussion of the recent equal pay movement and an overview of the latest key legislative and regulatory developments that employers should familiarize themselves with to stay ahead of the curve
- Examining the recently ramped up pay equity laws enacted in California and New York — what are the implications? What ambiguities
exist in the statutes? What are the pitfalls to look out for?
- Which other states currently have new, more demanding pay equity bills enacted or pending and what do these bills propose? (e.g. Colorado, Connecticut, Florida, Hawaii, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, Vermont)
- New pay equity rules issued for federal contractors
- What industries are being spotlighted for demonstrating the most dramatic wage gaps between men and women?
- Evaluating exposure to claims of compensation discrimination and tips for equal pay compliance
- The latest litigation arising from pay discrimination or “glass ceiling” failure to promote cases
- Under what circumstances are courts finding that employers can avoid liability for pay discrepancies? How are new state laws changing
the standards to make it easier for employees to succeed on pay discrimination claims?
- Employer defenses & strategies for defending claims of compensation discrimination
- Status of the proposed EEOC Reporting Requirements on pay differences
- Latest FLSA and state wage & hour case law involving:
- Use of mobile devices and emails (BlackBerry, smartphones, VPN) outside work hours
- Bring Your Own Device (BYOD) policies
- Telephone calls (texts): how are text messages interpreted?; identifying business versus personal calls and texts?; employee to employee calls/texts
- Employees giving email and/or cell phone to customers or potential customers
- Computer network log-in data
- VPN or Virtual Desktop
- Transaction data
- GPS Data / Work order data
- Work assignment upload and downloading data
- Booting up and logging off computers
- Pre/post-shift meetings
- Innovative and proven defense strategies to claims involving the above
- Assessing the rapidly increasing W&H exposures
- Narrowing or non-existent coverage under other types of policies
- The expanding insurance marketplace for W&H coverage
- One size does not fit all when it comes to W&H coverage
- What do underwriters look at in evaluating W&H risk?
- How much or how little information must an applicant share to secure coverage?
- The role of insurance in the defense and settlement of claims
- What lies ahead in W&H insurance
- Examining the latest issues, trends and challenges in approaching settlement of wage and hour claims, including individual as well as FLSA claims and class/collective actions
- Strategies for settlement in the face of recently increasing court scrutiny of, and restrictions on, settlement & settlement agreements
- Tips and best practices for dealing with the court approval process
- What are courts currently looking at to determine if settlement is valid?
- Examining the latest case law rulings on: Confidentiality of settlement terms; Inclusion of non-disparagement provisions in settlement agreements; Restrictions on actions the plaintiff can take with respect to claims of other individual co-workers
- What other restrictions are courts placing on what parties can mutually agree to under a settlement agreement?
- Overcoming the hurdles of keeping settlement terms confidential
- Best practices for conduct during settlements to avoid allegations of collusion between parties
- Under what circumstances have courts rejected settlements based on a finding of collusion?
- Challenges and hurdles associated with attorneys’ fees, costs and incentive payments
Conference Adjourns to Day Two