This comprehensive, up-to-date guide discusses how employers are targeted and the substantive, procedural and practical considerations that determine the outcome of wage and hour cases in todays courts. It includes analysis of the complex rules surrounding all types of wage and hour lawsuits: claims under the Fair Labor Standards Act (FLSA), claims under state wage and hour laws, “hybrid” cases involving both, and special issues involving government contractors. It explains how to proceed upon receipt of a wage and hour claim, how to assess the merits of the claim, whether to settle, how to oppose plaintiffs' motion for conditional certification and to facilitate notice, what the best affirmative defenses are, and how to tilt the odds in the defense's favor.
Though designed to assist defense lawyers, this companion to high-stakes litigation will also prove useful to in-house counsel not involved in litigation, to plaintiffs' lawyers seeking analysis from the viewpoint of opposing counsel, and to any attorney developing an interest in this robust field of law.
Noah A. Finkel is a Co-Chair of Seyfarth Shaw's Wage & Hour Litigation Practice Group and is resident in the firm's Chicago office. His principal area of concentration lies in wage-and-hour matters, in which he has represented companies in numerous collective and class actions under the Fair Labor Standards Act and/or state wage-and-hour laws. He also regularly advises companies on compliance with the Fair Labor Standards Act and state wage-and-hour laws, including the performance of exempt status reviews and pay practice audits. Mr. Finkel participated in drafting public comments to the U.S. Department of Labor on its proposed regulatory changes to the FLSAs white-collar exemptions on behalf of the Society for Human Resources Management and the Public Sector FLSA Coalition. Prior to joining Seyfarth Shaw, Mr. Finkel was law clerk to the United States District Judge Nancy G. Edmunds for the Eastern District of Michigan.
Brett C. Bartlett
Brett C. Bartlett is a Co-Chair of Seyfarth Shaw's Wage & Hour Litigation Practice Group and chair of the Labor & Employment Department in Atlanta. Mr. Bartlett devotes the majority of his practice to the defense of complex federal and state wage and hour litigation, and has defended numerous class and collective actions brought by employees alleging entitlement to unpaid overtime and minimum wages in actions that have ranged from the most complex, brought as hybrid actions under state and federal law and involving thousands of employees, to the more basic, asserting individual claims for minimum wage or overtime under the FLSA. He also provides preventative counseling and change management assistance to employers wishing to limit their exposure to these actions and to state and federal administrative agency investigation. Mr. Bartlett frequently speaks at seminars and conferences regarding employers' compliance with wage and hour matters, and contributes to various publications.
Andrew M. Paley
Andrew M. Paley is a Co-Chair of Seyfarth Shaw's Wage & Hour Litigation Practice Group and is resident in the firm's Los Angeles office. Mr. Paly's practice focuses on defending employers in complex collective and class action litigations. Mr. Paley has litigated numerous class and collective actions for alleged wage and hour violations under both state and federal law for clients in a variety of industries, and his experience includes the defense of large nationwide collective actions and multi-district litigations. He also advises clients on conducting pre-litigation wage and hour audits. Mr. Paley has written and lectured on numerous employment law topics, and has been a guest lecturer at the Stanford, Pepperdine, and Southwestern law schools.