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Overview:

Numerous policy changes and trends concerning wage and hour have made the landscape more complicated and challenging. Recently, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released six opinion letters which aimed to address a raft of issues under the Fair Labor and Standards Act (FLSA). Another significant development is the DOL’s termination of the Payroll Audit Independent Program (PAID) creating additional buzz in the litigation landscape. Thus, it is important for practitioners to stay abreast of the recent developments to carefully manage risks and potentials.

In this LIVE CLE program, wage and hour litigation experts, William J. Anthony (Blank Rome LLP) and Michael D. Thomas (Jackson Lewis P.C.), will guide the audience through the latest regulatory trends and issues in wage and hour litigation. Speakers will also offer insights on how to carefully manage the risks despite the evolving legal climate.

Key topics include:

  • Wage and Hour Litigation: Regulatory Trends, Developments, and Critical Issues
  • Managing Risks and Potentials
  • Notable Court Rulings
  • Best Compliance Practices and Enforcement Initiatives
  • Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of labor and employment laws

 

Course Code:

149307

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

William J. Anthony, Partner
Blank Rome LLP

William J. Anthony focuses his labor and employment practice on class, collective, and multi-party actions, including a broad spectrum of federal and state law wage and hour claims. He has successfully defended against actions alleging misclassification of independent contractors, misclassification of employees, “off the clock” work, failure to properly calculate the regular rate of pay, and similar claims. He also has defended class claims under the Fair Credit Reporting Act and discrimination statutes. In addition, Will represents organizations in single-plaintiff cases alleging discrimination, harassment, wrongful termination, and breach of contract.

Michael D. Thomas, Principal
Jackson Lewis P.C.

Michael Thomas is a principal in the Los Angeles, California office of Jackson Lewis P.C. His experience includes defending employers in state and federal wage and hour class actions, litigation brought under the Private Attorney General’s Act (PAGA), and single plaintiff cases.

Michael has defended employers in a wide variety of industries, including manufacturing, retail, restaurant, hospitality, transportation, janitorial services, security services, and the gig economy. He has a record of success obtaining pre-trial dismissals, successful settlements, and defense verdicts. Michael also actively advises clients on legal issues related to Diversity, Equity and Inclusion.

Agenda:

William J. AnthonyPartner

Blank Rome LLP

AND

Michael D. Thomas, Principal

Jackson Lewis P.C.

  1. Overview of Wage and Hour Litigation
    • “Off the Clock” Claims – workers often claim that they are not compensated for all hours that they work.  These claims arise from allegations that time keeping systems are not accurate due to time being shaved, rounding practices or automatic deductions, time being worked outside of the clock in or clock out times or “compensable” time not being counted towards hours worked.
    • “Misclassification” Claims – typically a worker classified as exempt from overtime alleges that they are not properly classified as exempt and, therefore, entitled to overtime pay for all hours worked that qualify for time and one half their regular rate.
    • “Regular Rate” Claims – workers claim that their overtime rate of pay was not correct because it failed to include certain payments such as bonuses, commissions, shift differentials.
  2. Remote Work Has Complicated Things
    • Off the clock claims – employers are susceptible to new claims for off the clock work when workers are performing their duties remotely.
    • Multi-state relocations- questions are arising as to which state laws apply to remote workers.
    • Exemption status – are employees classified as “outside” sales still working “outside”, are managers still primarily engaged in management in a remote environment?
    • Expense reimbursement – federal and state laws come into play when employees are incurring expenses while working remotely.
  3. Compensation Issues Surrounding COVID 19 vaccinations
  4. Independent Contracts – federal and state law disfavor independent contractors in favor of employee status and high profile litigation is impacting this classification for all employers.
  5. California
    • Class Action Updates
    • PAGA Updates
  6. Swales v. KLLM Transport Service LLC-applying a strict scrutiny standard to “similarly situated” workers.
  7. Anticipated Trends Under the Biden Administration – the Biden administration is actively changing wage and hour guidance, enforcement strategies and interpreting regulations in a much more employee friendly manner than the Trump administration.
  8. Other Trends
    • Compensability for Covid related safety protocols instituted by employers for workers reporting to work
    • Related class action trends

Date & Time:

Monday, June 07, 2021

12:00 pm to 1:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Labor and Employment Lawyers and Consultants
  • Class Action Lawyers
  • Human Resources Personnel
  • In-House Counsel
  • Top Level Management

SPEAKERS

William J. AnthonyPartner
Blank Rome LLP
Michael D. ThomasPrincipal
Jackson Lewis P.C.

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