Seminar Program

Thursday, March 23, 2023

6:00–8:00 p.m.Setting Yourself Up for Success as a Plaintiffs’ Wage & Hour Practitioner
New Practitioners Discussion and Networking Happy Hour
By Invitation Only. For more information, please contact NELA Program Director Ashley Westby.
Sponsored by Josephson Dunlap LLP, Marsili Mediation, Nichols Kaster, LLP, and Outten & Golden LLP

Friday, March 24, 2023

8:00–9:00 a.m.Registration & Continental Breakfast
8:45–9:00 a.m.Welcome & Opening Remarks
9:00-10:15 a.m.Workers’ Rights in the Biden Administration
Moderator: Shannon Liss-Riordan
Speakers: Principal Deputy Administrator (Wage & Hour Division) Jessica Looman & Solicitor of Labor Seema Nanda
Join workers’ rights experts and representatives from the Department of Labor to learn about the latest in regulatory guidance and enforcement in the wage and hour sphere.
10:45 a.m.–12:00 p.m.Having it Both Ways: Gig Employers Misclassifying Workers and Antitrust Issues
Moderator: Rachel Dempsey
Speakers: Michael T. Anderson, Professor Sanjukta Paul (virtual) & Elizabeth Wilkins
There is an emerging argument surrounding the gig economy that wage theft, misclassification, NDAs, and forced arbitration are not just wage and hour issues, but antitrust issues as well. This panel will explore the latest developments and litigation strategies in combatting workplace violations from this unique perspective.

Arbitration Checklist: What to Look For to Take Down Arbitration Clauses
Moderator/Speaker: Reena I. Desai
Speakers: F. Paul Bland & Christina Le
After Morgan v. Sundance, there may be a sliver of new life in combatting arbitration clauses. How egregious must arbitration clauses be before being deemed unconscionable? How are Saxon v. Southwest and the recent SCOTUS PAGA decision changing the game for arbitration exemption? Join our panelists for cutting edge strategies to defeat arbitration clauses.
Who Has Jurisdiction? Dealing with Bristol-Myers Squibb in Class and Collective Actions
Moderator/Speaker: Jahan C. Sagafi
Speakers: Sarah Arendt & Camille Fundora Rodriguez
Practitioners take stock of the latest developments in the Bristol-Myers Squibb battlegrounds, surveying recent district and circuit-level decisions on corporate personal jurisdiction in FLSA cases. Our experts will discuss strategies when deciding where to file, as well as ancillary issues surrounding equitable tolling and hybrid class/collective claims.
Class & Collective Action Fundamentals
Moderator/Speaker: Brendan J. Donelon
Speakers: Deirdre Aaron & Jessica Riggin
Our panel of experienced litigators will teach you how to litigate a class action from class certification through trial. Our speakers will address tips for certification (including the often-overlooked Rule 23(c)(4)), discovery, depositions, trial prep, and more.
Recent Developments in Settlement Approval
Moderator: Douglas M. Werman
Speakers: Jason C. Marsili, Sarah Schalman-Bergen & Peter Winebrake
This panel will provide an overview of the case law on settlement of wage and hour class and collective actions. Our experts will address a variety of topics including service awards, requirements of court approval, and the interplay between Rule 23 and the FLSA.
4:00–5:15 p.m.Proving Time Worked in the Information Age
Speakers: Bryce W. Ashby, Ginger Grimes & Tanvir H. Rahman
As work continues to digitalize, timekeeping is no exception. Our experts will discuss strategies and considerations to obtain discovery of electronically stored information (from an increasing number of digital sources) to provide time in the absence of traditional time records, including in off-the-clock and independent contractor misclassification cases.
5:30–7:00 p.m.Reception
Generously co-sponsored by the National Institute for Workers’ Rights

Saturday, March 25, 2023

7:00–9:00 a.m.Registration & Continental Breakfast
Effective Wage and Hour Discovery Strategies
Moderator: Cornelia Dai
Speakers: David M. Blanchard & Christine E. Webber
Our panel of experts will provide attendees with their best strategies for obtaining discovery, even in the most complicated of cases. Best practices in document requests, interrogatories, depositions, and more, will also be covered.
Views From the Defense Bar & In-House Counsel
Moderator: Melissa Lardo Stewart
Speakers: Brett Bartlett, Evan A. Peña & Lauren H. Zeldin
Increase the productivity of your interactions with opposing counsel by joining us for a candid, cordial discussion with members of the defense bar regarding their perspectives on wage and hour litigation from their side of the “v,” including issues such as case valuation, class certification, alternative dispute resolution, and settlement.
Making Friends: Ethically Partnering with Unions and Workers’ Rights Centers
Moderator: Michael Scimone
Speakers: Alor F. Calderon, Frank Kearl & Brian J. Petruska
Low-wage workers across the country, from Amazon warehouse workers to Starbucks baristas, are rising up and unionizing, creating a slate of new wage and hour cases. Workers’ rights centers are on the ground, providing opportunities for collaboration and paving the way for efficient and effective strategies in handling low-wage cases. Our experts will share what they have learned and how plaintiffs’ employment lawyers can partner with these innovative organizations in an ethical manner.
The Business of Arbitration
Speakers: Rachel M. Bien, Harold L. Lichten & William Parsons
Five years post-Epic Systems, experienced practitioners reflect on how the arbitration ground game has evolved, and share lessons learned and strategies to make arbitration a profitable part of your business model as a wage and hour lawyer, from individual to mass arbitration. Panelists will discuss how to determine if your case will be successful or profitable and how you can make the arbitration process expeditious for you and your client.
State Law Protections: Defending Against Incursions from the Defense Bar
Moderator: Summer H. Murshid
Speakers: Christopher McNerney, Scott A. Moss & Mariko Yoshihara
Join our experts as they discuss how to plead beneficial state laws (and get them in your state!) and strategies to defend against the erosion of state law protections. Panelists will also provide an important discussion of standing and attendees will leave with sample briefs to set you up for success.
The Gig is Up: Independent Contractor Misclassification
Moderator/Speaker: Clif Alexander
Speakers: Mark Hanna & Jennifer McManus
Join our experts as they share strategies for how to best litigate misclassification claims, addressing what factors should be considered when taking a case. The panelists will also discuss current trends in misclassification litigation and what changes we can expect in the future.
2:30–3:45 p.m.Wage & Hour Case Law Update
Moderator/Speaker: Rachhana T. Srey
Speaker: Richard (Rex) Burch

Since we last met in 2019, the world of wage and hour law has undergone some important changes. Our leading experts will discuss the important wage and hour cases of the past few years, including the Swales decision in the 6th Circuit, and how they are changing the landscape for workers and practitioners.