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Avoiding and Preventing FLSA Collective Actions And State Wage Class Actions

Webinar: ID# 1018018
Recorded CD
Qty:
About This Course:
Fair Labor Standards Act (FLSA) collective actions represented the largest category of class action filings in U.S. District Courts in the last fiscal year. Wage and hour actions permeate virtually all industries resulting in huge jury verdicts and settlements.

This topic will teach you how to avoid these disasters through effective preventive action, including attorney-client privileged audits of employee classification and off-the-clock work issues; how to identify and correct these problems before litigation; how to identify and address exempt to nonexempt conversions and back pay issues; and how to do the tough liability and damages analysis that can lead to cost-effective settlements with government or private plaintiffs when litigation is threatened.

This topic is critical for employers looking to make sure their "house" is in order before getting into costly litigation.

Agenda

Common FLSA Collective Action Issues
  • Exempt vs. Nonexempt Employee
  • Independent Contractor vs. Employee
  • New DOL Administrative Interpretation of Independent Contractors
  • Off-The-Clock Work
  • Burden of Proof on Employer
  • Attorneys' Fees to Prevailing Plaintiffs Drives These Cases
White Collar Exemptions - FLSA
  • New DOL Salary Rules
  • Administrative
  • Executive
  • Professional
  • Outside Sales
  • Certain Computer Employees
  • Highly Compensated
Identifying and Solving Problems Before Litigation
  • Employee Classification Audits
  • Wage and Hour Audits
  • Supervisory Training Regarding What Constitutes Work Time, Off-The-Clock Work, Meal Periods and Breaks
Exempt to Nonexempt Conversion
  • Communicating Audit Findings and Solutions to Upper Management
  • Employee Issues With Change of Status
  • Communicating the Conversion to Employees
  • Settlement and Release Issues, and Back Pay
  • Pre-Litigation Settlements With Government or Private Plaintiffs
Litigation/Settlement
  • Determine Probable Liability or Defenses
  • Quantify Potential and Likely Damages
  • Analyze Settlement Options
  • Evaluate Policy Changes
About The Presenter

Sara Zorich
  • Partner in the office of SmithAmundsen
  • Employment attorney handling immigration workplace enforcement, wage and hour issues and discrimination issues
  • Routinely conducts seminars and workshops relating to I-9 audits, I-9 and E-Verify compliance, workplace enforcement, defense of governmental immigration related audits and defense of discrimination claims relating to immigration status
  • Selected to the Illinois Super Lawyers list of "Rising Stars": 2010 to 2015
  • Member: American Immigration Lawyers Association; Society for Human Resource Management (SHRM); Illinois Fox Valley SHRM; Illinois State Bar Association
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Avoiding and Preventing FLSA Collective Actions And State Wage Class Actions
Available on CD format
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