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2013 Spring Seminar: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
Published by National Employment Lawyers Association



Summary
This program addresses significant and emerging issues that arise under federal and state wage and hour laws. It is intended for employee rights practitioners who represent workers in individual, class, collective, and joint actions. Topics include recent legal developments under the FLSA, forced arbitration, proving wage theft, worker misclassification, retaliation, employer abuse of FLSA exemptions, defeating FLSA defenses, the use of experts, trial advocacy, ethical considerations, and more.

Programs Included in this Bundle
  1. Significant Legal Developments In Wage & Hour Law, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Our panel of experts provide an overview of the most significant legal developments in wage and hour law, with a focus on the substantive law of the Fair Labor Standards Act. Topics addressed include important developments with respect to collective and class action certification, damages, and settlement. The panelists also discuss opportunities for administrative advocacy before the U.S. Department of Labor.

    This seminar includes the following components:
    • Significant Legal Developments In Wage & Hour Law - Audio
    • Significant Legal Developments In Wage & Hour Law - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  2. Strategic Thinking In Defeating FLSA Defenses, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    The defense bar is waging a well-organized and well-coordinated attack against FLSA collective actions, and the battle lines are becoming more focused. Such tactics include expanding the application of the fluctuating work week method of payment into more areas of FLSA litigation, as well as modifying and defeating the long-held principle that all exemptions to the FLSA must be narrowly construed in favor of employees. This session focuses on the areas of attack of greatest concern to workers’ rights advocates, and will engage the audience in thinking strategically about how to defeat them.

    This seminar includes the following components:
    • Strategic Thinking In Defeating FLSA Defenses - Audio
    • Strategic Thinking In Defeating FLSA Defenses - Farahany Paper
    • Strategic Thinking In Defeating FLSA Defenses - Finberg Paper
    • Strategic Thinking In Defeating FLSA Defenses - Kern Paper
    • Strategic Thinking In Defeating FLSA Defenses - Kern Supplemental Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  3. Making The Economics Work In Cases Brought On Behalf Of Low-Wage & Immigrant Workers, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Low-wage and immigrant workers are among the most poorly paid in our country’s workforce. The economics of their cases make it difficult for them to find legal representation when their rights are violated, especially in light of the costly scorched-earth tactics that employers aggressively pursue in these cases. Our advocates share practical strategies and tips to minimize your risk in representing this significant component of the labor force and to maximize recovery for your clients.

    This seminar includes the following components:
    • Making The Economics Work In Cases Brought On Behalf Of Low-Wage & Immigrant Workers - Audio
    • Making The Economics Work In Cases Brought On Behalf Of Low-Wage & Immigrant Workers - Paper
    • Making The Economics Work In Cases Brought On Behalf Of Low-Wage & Immigrant Workers - Potter Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  4. The Day In The Life Of An FLSA Collective Action, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Designed for new practitioners, this presentation will cover the life of an FLSA case from initial intake to trial. Topics include the tricky issues that arise during the various phases, such as screening for bankruptcy issues and arbitration agreements during the intake, drafting declarations for conditional certification to avoid the attacks on declarations, avoiding common mistakes in settlements, hard lessons learned, and more.

    This seminar includes the following components:
    • The Day In The Life Of An FLSA Collective Action - Audio
    • The Day In The Life Of An FLSA Collective Action - Longoria Paper
    • The Day In The Life Of An FLSA Collective Action - Santillo Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  5. Tackling Proof Of Hours & Wages: Beyond Mount Clemens Pottery, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    This session examines the practical problems, methods, and techniques for proving wage and hour cases where employer pay records are missing, incomplete, or falsified. Issues to be explored include demonstrating that an employee actually worked on the job when pay records do not show that employee; unmasking falsified records in order to trigger the Mount Clemens Pottery standard and convincing judges and juries to apply that standard favorably to your case; combating inevitable counter-estimates of hours and wages from the employer or from co-workers still employed and dependent on the employer; and dealing with allegations that the plaintiff was responsible for the incomplete or false pay records.

    This seminar includes the following components:
    • Tackling Proof Of Hours & Wages: Beyond Mount Clemens Pottery - Audio
    • Tackling Proof Of Hours & Wages: Beyond Mount Clemens Pottery - Paper
    • Tackling Proof Of Hours & Wages: Beyond Mount Clemens Pottery - PowerPoint

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT


  6. Is Your Client An “Employee” Or “Independent Contractor”?, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    This panel of veteran practitioners offer practical pointers on how to litigate an independent contractor case. They address topics ranging from class and collective certification, depositions, how to respond to overbroad discovery requests seeking everything from the plaintiff’s tax returns to other non-relevant discovery requests unrelated to whether the employer had “control” over the plaintiff, summary judgment, decertification, and issues relating to “joint employers,” multiple defendants, and integrated enterprises.

    This seminar includes the following components:
    • Is Your Client An “Employee” Or “Independent Contractor”? Audio
    • Is Your Client An “Employee” Or “Independent Contractor”? Cervantez Paper
    • Is Your Client An “Employee” Or “Independent Contractor”? Ruckelshaus Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  7. Exemptions, Exemptions, Exemptions!, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    This presentation provide an overview of the hottest issues involving the FLSA’s panoply of exemptions that are often abused by employers to deny workers their fair wages. Our speakers highlight the pitfalls of which you should be aware, and share strategies to defeat the application of the exemptions.

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  8. Use Of Experts In Wage & Hour Cases, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Do we really need experts in wage and hour cases? Our own experts debate the pros and cons of using them. They address when you need experts and when you do not, what you need them for, avoiding or defeating Daubert challenges, and how to control the costs of an expert. They also explore the use of survey experts, misclassification experts, statisticians, and others.

    This seminar includes the following components:
    • Use Of Experts In Wage & Hour Cases Audio
    • Use Of Experts In Wage & Hour Cases Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT


  9. Challenging Forced Arbitration Of Statutory Workplace Rights, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    The U.S. Supreme Court’s decisions in Stolt-Nielsen and Concepcion have made it easier for employers to force workers into individual arbitration. What can advocates do to stop this trend? Will D.R. Horton provide the answer? Can Concepcion, which dealt with consumer class actions, be meaningfully distinguished from employment class and collective actions brought to enforce statutory workplace rights? Our veteran advocates answer these questions and more to help you successfully challenge the pernicious practice of forced arbitration.

    This seminar includes the following components:
    • Challenging Forced Arbitration Of Statutory Workplace Rights Audio
    • Challenging Forced Arbitration Of Statutory Workplace Rights Paper
    • Challenging Forced Arbitration Of Statutory Workplace Rights Handouts

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  10. Ethical Considerations In Representing Workers In Wage & Hour Actions, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Myriad ethical considerations arise in a variety of contexts when representing workers in wage and hour actions. These include representing low-level foremen and subcontractors along with the workers in their crew; outreach and solicitation by non-profit law firms and organizations; working in collaboration with community-based organizations and labor unions; representing workers who also are being organized by a community-based group or labor union; and representing the community-based group or labor union as a client. Our experts help you avoid critical pitfalls in these and other situations.

    This seminar includes the following components:
    • Ethical Considerations In Representing Workers In Wage & Hour Actions Audio
    • Ethical Considerations In Representing Workers In Wage & Hour Actions Slide Deck
    • Ethical Considerations In Representing Workers In Wage & Hour Actions Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  11. Representing Transnational Workers In U.S. Employment & Labor Law Proceedings: It Can Be Done!, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    The number of transnational workers continues to grow, yet all too often they confront barriers to justice with regard to their labor and employment rights. The challenges of representing transnational workers in U.S. proceedings can seem daunting and may cause advocates to shy away from otherwise strong cases. This session explores the tools and techniques that exist to allow private and public interest firms, as well as non-profit organizations, to represent successfully workers who have returned, or will likely return, to their home countries in various types of labor and employment cases.

    This seminar includes the following components:
    • Representing Transnational Workers In U.S. Employment & Labor Law Proceedings - Audio
    • Representing Transnational Workers In U.S. Employment & Labor Law Proceedings - Paper
    • Representing Transnational Workers In U.S. Employment & Labor Law Proceedings - PPT

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  12. Trying Wage & Hour Class And Collective Actions, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Employers increasingly are unwilling to settle collective or class actions, even after they are certified. Our panelists have tried such cases to judgment and share lessons learned from their experiences. Topics include discovery strategies, multi-district litigation, maximizing opt-in participation, recovering attorney’s fees, and overcoming stonewalling tactics by your opponent.

    This seminar includes the following components:
    • Trying Wage & Hour Class And Collective Actions - Audio
    • Trying Wage & Hour Class And Collective Actions - Borgen
    • Trying Wage & Hour Class And Collective Actions - Hanson
    • Trying Wage & Hour Class And Collective Actions - Lukas

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  13. Combating Retaliation In Wage & Hour Cases, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    This presentation addresses how to prevent retaliation in wage and hour cases, and where it has occurred, successfully litigating retaliation claims under the FLSA, state wage and hour laws, the National Labor Relations Act, and other worker protection statutes. Our veteran practitioners share winning strategies to integrate prosecution of the retaliation claim with the underlying wage and hour action, and will explore special issues arising for undocumented workers.

    This seminar includes the following components:
    • Combating Retaliation In Wage & Hour Cases - Audio
    • Combating Retaliation In Wage & Hour Cases - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  14. Who Is An Employer Under The FLSA?, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Our experts explore the possibilities of who is an “employer” under the FLSA to maximize liability for violations of your client’s rights. Issues to be addressed include successor liability, and when owners, officers, and managers of the company can be considered as joint employers or individually liable for FLSA violations.

    This seminar includes the following components:
    • Who Is An Employer Under The FLSA? Audio
    • Who Is An Employer Under The FLSA? Paper
    • Who Is An Employer Under The FLSA? Supplemental Charts

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  15. Doing Well By Doing Good: Fulfilling The Promise Of The FLSA, From NELA's 2013 Program Preventing Wage Theft: A Two-Day Guide To Litigating Cases Involving Wages, Hours & Work
    Private enforcement is a powerful tool in fulfilling the promise of the FLSA, especially in collaboration with pro bono lawyers, workers, unions, and workers centers. Join our panelists for a discussion on how to navigate the complicated issues that may arise in the course of such litigation, including differing organizing and litigation strategies, ethical issues, and potential conflicts. They also explore approaches to involve workers in their litigation so it is an empowering experience for them by becoming stronger and more effective as clients; being better prepared to recognize and prevent violations by employers in the future; enabling them to educate their fellow workers on how they can use the legal process to enforce their rights; and becoming employee rights advocates themselves.

    This seminar includes the following components:
    • Doing Well By Doing Good Audio
    • Doing Well By Doing Good Fineberg Paper
    • Doing Well By Doing Good Kaster Paper
    • Doing Well By Doing Good Shah Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV



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