Staying on Top of the Latest Developments in Wage and Hour Law: Key Court Decisions and Compliance Challenges

Synopsis

Wage and hour law continues to be one of the most challenging and dynamic areas within the field of labor and employment. This course provides an in-depth look at the latest litigation developments, including recent court decisions affecting wage and hour class actions. The presenters also cover recent changes in the law, new protections available to employees, and steps that management can take to avoid disputes and legal challenges.  



Outline
I. The Latest Developments in Wage and Hour Law
    A. Overview
    B. A View From the Department of Labor
        1. What is The Solicitor's Office Up To?
        2. Enforcement Initiatives
        3. Industries Involved in Misclassifications
        4. Hot Goods and Criminal Prosecution
        5. Wage and Hour Specific Priorities
        6. Opinion Letters vs. Administrator's Interpretations
        7. Cost-Benefit Analysis of Investigations
        8. Q&A With the Department of Labor - Part I
        9. Q&A With the Department of Labor - Part II
    C. Developments in Wage and Hour Litigation
        1. Claims Under the Fair Labor Standards Ace
        2. Dukes and Rule 23
        3. What Does This All Mean?
        4. Dukes and State Law Wage and Hour Cases
        5. Why Is the Holding Relevant to My Case?
        6. Q&A on Dukes
    D. Rule 23 and Its Application
        1. Rule 23(c)(4)
        2. Will This Translate to the Wage & Hour Area?
        3. Arbitration Provisions Are a Moving Target
    E. Audits and All the Rest
    AfterWords®


Content Provided
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The Association of the Bar of the City of New York

The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.





Speakers / Authors:

Photo of Matthew W. Lampe

Matthew W. Lampe
Jones Day

Matthew W. Lampe is a partner in the New York office of Jones Day. He represents employers throughout the country in class action and other complex litigation, including cases under the FLSA, ERISA, Title VII, ADA, and ADEA. He has extensive experience leading the defense of clients facing employment class actions across multiple jurisdictions. Matt also defends employers in a wide variety of single plaintiff lawsuits, including discrimination, wrongful discharge, invasion of privacy, and benefits cases.

In addition to defending their interests in litigation, Mr. Lampe counsels clients across a broad spectrum of employment law and litigation avoidance topics. He has particularly deep experience in wage and hour compliance and audit strategies. He leads the Firm's Labor & Employment Practice. He speaks frequently throughout the country on employment-related topics, including class action defense and wage and hour compliance. His publications include "Procedural Approaches for Countering the Dual-Filed FLSA Collective Action and State-Law Wage Class Action," 20 Lab. Law. 311 (2005). He is a contributing author to the "Labor and Employment Law Blog: The Official Blog of the New York State Bar Association's Labor and Employment Section," in which he writes about significant developments in labor and employment law. Mr. Lampe is a Fellow in The College of Labor and Employment Lawyers. He is a life member of the U.S. Court of Appeals Sixth Circuit Judicial Conference and is a member of the Labor & Employment Law Committee of the Association of the Bar of the City of New York and the Labor and Employment Law Sections of the American Bar Association and the New York State Bar Association.

Mr. Lampe is admitted to practice in New York and Ohio and before the U.S. Supreme Court, and the U.S. District Courts for the Southern and Western Districts of New York and the Southern and Northern Districts of Ohio, as well as before the U.S. Courts of Appeals for the Second, Third, Sixth, Seventh, Ninth, and Tenth Circuits.

He graduated from Cornell University, magna cum laude, in 1976 with his J.D., and earned his B.A., magna cum laude, from Kenyon College in 1986.

Photo of Rebecca J. Osborne

Rebecca J. Osborne
Vladeck, Waldman, Elias & Engelhard, P.C.

Rebecca J. Osborne is a partner in the law office of Vladeck, Waldman, Elias & Engelhard, P.C., where she has been employed since 2001. She has represented employees in all aspects of employment law including: discrimination and retaliation for opposing discrimination; compensation and employment contracts; wage and hour law violations; FMLA violations; ERISA violations; whistleblower discrimination; restrictions on competition; and employment-related torts.

Prior to law school she worked as a Legislative Director in the New York State Legislature. She is a member of the New York City Bar Association's Labor and Employment Law Committee, the New York Chapter of the National Employment Lawyers Association, and the Federal Bar Council. She is an adjunct faculty member at Fordham University School of Law and has spoken to a variety of organizations about different aspects of employment law.

Ms. Osborne is admitted to practice in New York and before the U.S. District Courts for the Southern and Eastern Districts of New York, as well as before the U.S. Court of Appeals for the Second Circuit. She graduated from the State University of New York at Albany with a B.A.in 1992 and an M.A. in 1998, and she earned her J.D. from Northeastern University School of Law in 2001.

Photo of M. Patricia Smith

M. Patricia Smith

M. Patricia Smith was confirmed by the Senate as the Solicitor of Labor on February 4, 2010, and assumed her duties on March 1, 2010. In this capacity, she takes an active role in promoting the Department’s agenda of “Good Jobs for Everyone,” leading a nationwide team of lawyers who vigorously enforce worker protection laws, improve the effectiveness of programs that train American workers, and advise agency leadership on a full range of legal issues. Prior to becoming the Solicitor of Labor, Ms. Smith was the New York State Commissioner of Labor since March 6, 2007.

Prior to serving as Commissioner of Labor she served as Chief of the Labor Bureau in the Office of the New York State Attorney General for eight years. In that position, she developed a system of active government labor law enforcement that became a model for other Attorneys General and enforcement agencies. For 11 years, Commissioner Smith served as Deputy Bureau Chief and Section Chief of the Labor Bureau, conducting and overseeing all aspects of labor law litigation involving New York State, in state and federal trial and appellate courts. In 1996 and 1997 she argued and won two Employment Retirement Income Security Act cases before the United States Supreme Court.

Before joining the Office of the Attorney General, Commissioner Smith worked for various Legal Services Organizations representing unemployment claimants, minimum wage workers, workers in federal job training programs and job seekers. She graduated, cum laude, from Trinity College in Washington, D.C. in 1974 and from New York University School of Law, with honors, in 1977.

Photo of Judith L. Spanier

Judith L. Spanier

Judith L. Spanier has served as lead counsel or co-lead counsel in numerous cases that have achieved significant benefits on behalf of shareholders including In re Adelphia Comm. Corp. Sec. & Deriv. Litig., 3 MDL 1859 (S.D.N.Y.); In re Tele-Communications, Inc. Shareholders Litig., C.A. No. 16370 (Del Ch.) and In re Waste Management, Inc. Shareholders Deriv. Litig., C.A. No. 17313, (Del. Ch.). Ms. Spanier successfully argued the appeal before the Delaware Supreme Court in In re Primedia, Inc. Deriative Action; Kahn v. Kolberg Kravis Roberts & Co., et al., No. 436, 2010, 2011 Del. LEXIS 313 (Del. Sup. Ct. June 20, 2011). The Delaware Supreme Court reversed the dismissal of the shareholder derivative lawsuit on behalf of Primedia Inc. (PRM) seeking to recoup monies arising out of alleged insider trading in Primedia's securities by Kolberg Kravis Roberts & Co. ("KKR") the Company's controlling shareholder.

Ms. Spanier was one of the lead trial attorneys in Braun and Hummel v. Wal-Mart Stores, Inc., Case Nos. 3127 and 3757 (Court of Common Pleas, Philadelphia County). The lawyers on the Braun/Hummel trial team were named as finalists by Public Justice for the 2007 Trial Lawyer of the Year Award. In addition, Ms. Spanier argued the successful appeal to the New Jersey Supreme Court from the denial of class certification in Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88 (2007). Ms. Spanier was also on the plaintiff's lead counsel teams in several large consumer class actions including Henry v. Sears, Roebuck, No. 98 C 4110 (N.D.Ill.) (class action on behalf of an 11 million member class).

Ms. Spanier is a member of the Labor and Employment Committee of the New York City Bar Association. She has lectured or served as a panelist at various Glasser Legal Works Panels on "Litigation and Resolution of Complex Class Actions"; a panel member in a July 2008 PLI seminar, "Class Action Litigation 2008: Prosecution and Defense Strategies"; and a December 11, 2008 New York City Bar Association seminar, "Securities Litigation During the Credit Crisis: Current Developments and Strategies." Recently, Ms. Spanier was a Faculty Lecturer at a June 14, 2012 New York City Bar Association seminar, "Staying on Top of the Latest Developments in Wage & Hour Law: Key Court Decisions, Government Initiatives & Compliance Challenges."

Ms. Spanier is admitted to the Bar of the State of New York, the United States District Courts for the Southern and Eastern Districts of New York and the Second, Ninth and Tenth Circuit Courts of Appeals. She received her B.A. from Cornell University, College of Arts and Sciences, in 1975, and her J.D. from New York University School of Law in 1978.

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Details

Course Code : 773132

Release Date: 11/30/2012 12:00:00 AM
Length: 1hr 53min
Format Type: Video
Recorded Date: 6/14/2012

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