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Preventing & Litigating Wage & Hour Cases

  • Training

  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5944811
Wage and hour litigation under the federal Fair Labor Standards Act and Massachusetts law continues to be one of the most active areas of litigation in employment law. The statutes are complex and have many non-intuitive requirements. In addition, state and federal laws often impose differing obligations, and employers are expected to comply with the law that is the most protective of employees. Compounding the risks of non-compliance is the availability of multiple damages, including automatic treble damages under state law.

Because wage and hour disputes often involve groups of employees, court cases are often brought as putative class or collective actions. In light of recent Supreme Court decisions, however, employers are using mandatory arbitration programs as a means of avoiding class and collective litigation.

This program provides an overview of federal and state wage and hour laws and identifies common compliance issues and theories of liability. Learn strategies for when litigation is commenced, and for pursing and defending against class and collective actions. Whether you represent aggrieved workers, are responding to a lawsuit or governmental investigation, or are advising companies on how to minimize risk, this program helps you identify the issues and understand the latest litigation strategies.

Course Content

2:00 - 2:15 pm
Introduction and Overview of State and Federal Wage and Hour Law
Robert A. Fisher, Esq.,
Seyfarth Shaw LLP, Boston
2:15 - 2:42 pm
Latest Court Decisions Interpreting State and Federal Wage and Hour Laws
Panel
2:42 - 2:50 pm
What to Expect from a Biden Department of Labor
Brian J. MacDonough, Esq.,
Sherin and Lodgen LLP, Boston
2:50 - 3:05 pm
Joint Employment under Federal and State Law
Deepa K. Desai, Esq.,
Fisher & Phillips LLP, Boston
Robert A. Fisher, Esq.,
Seyfarth Shaw LLP, Boston
3:05 - 3:20 pm
Use of Independent Contractors
Brian J. MacDonough, Esq.,
Sherin and Lodgen LLP, Boston
3:20 - 3:55 pm
Novel Theories of Liability under Massachusetts Law
Panel
3:55 - 4:05 pm
Break
4:05 - 4:27 pm
Bringing and Responding to Wage and Hour Lawsuits, Including Types of Claims Seeking Class Treatment and Employer Defenses
Panel
4:27 - 4:35 pm
Discovery in Wage and Hour Cases, Including the Use of Experts
Robert A. Fisher, Esq.,
Seyfarth Shaw LLP, Boston
4:35 - 4:41 pm
Certification of Class and Collective Actions
Deepa K. Desai, Esq.,
Fisher & Phillips LLP, Boston
Robert A. Fisher, Esq.,
Seyfarth Shaw LLP, Boston
4:41 - 4:48 pm
Mandatory Arbitration Programs after Epic Systems
Deepa K. Desai, Esq.,
Fisher & Phillips LLP, Boston
4:48 - 5:00 pm
Wage and Hour Cases: Damages and Settlements
Brian J. MacDonough, Esq.,
Sherin and Lodgen LLP, Boston
5:00 - 5:12 pm
'Ask the Experts' Q&A Session and Key Takeaways
Panel
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Speakers

Chair
Robert A. Fisher, Esq.,
Seyfarth Shaw LLP, Boston

Faculty
Deepa K. Desai, Esq.,
Fisher & Phillips LLP, Boston
Brian J. MacDonough, Esq.,
Sherin and Lodgen LLP, Boston