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. 

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.

Agenda & Materials

• 2:00 - 2:15 pm

  Introduction and Overview of State and Federal Wage and Hour Law

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  Rodney A. Bedow, Esq., Burns & Levinson LLP , Boston
  Nikolaus S. Schuttauf, Esq., Day Pitney LLP , Boston
  Debra Rahmin Silberstein, Esq., Rubin and Rudman LLP , Boston
  
• 4:10 - 4:40 pm

  Tax Considerations in Business Exits

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  Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
  Brian J. MacDonough, Esq., Sherin and Lodgen LLP , Boston
  
• 2:15 - 2:42 pm

  Latest Court Decisions Interpreting State and Federal Wage and Hour Laws

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  Panel
  
• 4:40 - 4:55 pm

  Post-Sale Considerations

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• 2:42 - 2:50 pm

  What to Expect from a Biden Department of Labor

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  Brian J. MacDonough, Esq., Sherin and Lodgen LLP , Boston
  
• 2:50 - 3:05 pm

  Joint Employment under Federal and State Law

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  Deepa K. Desai, Esq., Fisher & Phillips LLP , Boston
  Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
  
• 2:50 - 3:05 pm

  Joint Employment under Federal and State Law

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  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

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  Brian J. MacDonough, Esq., Sherin and Lodgen LLP , Boston
  
• 3:20 - 3:55 pm

  Novel Theories of Liability under Massachusetts Law

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  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

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  Panel
  
• 4:27 - 4:35 pm

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

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  Robert A. Fisher, Esq., Seyfarth Shaw LLP , Boston
  
• 4:35 - 4:41 pm

  Certification of Class and Collective Actions

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  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

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  Deepa K. Desai, Esq., Fisher & Phillips LLP , Boston
  
• 4:48 - 5:00 pm

  Wage and Hour Cases: Damages and Settlements

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  Brian J. MacDonough, Esq., Sherin and Lodgen LLP , Boston
  
• 5:00 - 5:12 pm

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

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  Panel
  

Chair

Faculty