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Preventing & Litigating Wage & Hour Cases

Avoid common mistakes and learn key strategies for bringing and defending claims

  • Product Number: 2240176WBA
  • Publication Date: 6/13/2024
  • Length: 3 hours CLE Credit Note
  • Copyright: © 2024 MCLE, Inc.
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  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    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. The Supreme Judicial Court’s 2022 decision in Reuter v. City of Methuen highlights that treble damages are automatic even on late payments.

    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 U.S. 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 pursuing 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.

  • Agenda

    Agenda & Materials

    • 2:00 - 2:15 pm

      Overview of State and Federal Wage and Hour Law

    • 2:15 - 2:30 pm

      Latest Court Decisions Interpreting State and Federal Wage and Hour Laws

    • 2:30 - 2:55 pm

      Proposed Changes to the FLSA Overtime Exemptions

      Panel
    • 2:55 - 3:15 pm

      Joint Employment Under Federal and State Law

      Panel
    • 3:15 - 3:55 pm

      Use of Independent Contractors

      Panel
    • 3:35 - 3:45 pm

      Break

    • 3:45 - 4:05 pm

      Novel Theories of Liability Under Massachusetts Law

      Panel
    • 4:05 - 4:20 pm

      Bringing and Responding to Wage and Hour Lawsuits, Including Types of Claims

      Panel
    • 4:20 - 4:35 pm

      Seeking Class Treatment and Employer Defenses/ Class and Collective Actions

      Panel
    • 4:35 - 4:40 pm

      Discovery in Wage and Hour Cases, Including the Use of Experts

      Panel
    • 4:40 - 4:45 pm

      Mandatory Arbitration Programs after Epic Systems

      Panel
    • 4:45 - 4:55 pm

      Damages and Settlements

      Panel
    • 4:55 - 5:00 pm

      "Ask the Experts" Q&A Session and Key Takeaways

      Panel

    Please Note

    MCLE webcasts are 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.

  • Faculty

    Chair

    Faculty

    Alexandra D. Thaler, Esq., Constangy, Brooks, Smith & Prophete LLP, Boston
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