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Wage & Hour Collective and Class Litigation
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Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal.
“Given the recent explosion of wage and hour litigation, both management- and plaintiff-side attorneys will find this publication to be an invaluable reference. With its painstaking attention to the law and procedure, this treatise will certainly be the go-to resource when practitioners ponder questions of strategy and substance in the context of wage and hour cases.”
— The Honorable Elaine L. Chao, 24th U.S. Secretary of Labor (2001-2009)
Wage and hour litigation continues to proliferate, carrying with it the risk of potentially exorbitant damage awards. Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal. It's the first and only publication focusing exclusively on this growing area of practice and provides a vital weapon for employers.
This comprehensive, up-to-date guide discusses how employers are targeted and the substantive, procedural and practical considerations that determine the outcome of wage and hour cases in todays courts. It includes analysis of the complex rules surrounding all types of wage and hour lawsuits: claims under the Fair Labor Standards Act (FLSA), claims under state wage and hour laws, “hybrid” cases involving both, and special issues involving government contractors. It explains how to proceed upon receipt of a wage and hour claim, how to assess the merits of the claim, whether to settle, how to oppose plaintiffs' motion for conditional certification and to facilitate notice, what the best affirmative defenses are, and how to tilt the odds in the defense's favor.
Though designed to assist defense lawyers, this companion to high-stakes litigation will also prove useful to in-house counsel not involved in litigation, to plaintiffs' lawyers seeking analysis from the viewpoint of opposing counsel, and to any attorney developing an interest in this robust field of law.
Book #00715; looseleaf, one volume, approximately 912 pages; published in 2012, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-178-1.
| SKU | 715ONL |
|---|---|
| Division Name | Law Journal Press |
| Volumes | 1 |
| Product Types | Books |
| Brand | Law Journal Press |
| Jurisdiction | National |
| ISBN | 978-1-58852-178-1 |
| Page Count | 912 |
| Edition | 0 |
Write Your Own Review
Andrew M. Paley
Brett C. Bartlett
Noah A. Finkel
Richard L. Alfred
Chapter 1
An Overview of Wage and Hour Litigation and Its Defense
§ 1.01 Overview of Modern Wage and Hour Litigation
§ 1.02 Defense Orientation
§ 1.03 The Sources of Law
Chapter 2
The Genesis of a Wage and Hour Lawsuit
§ 2.01 Introduction
§ 2.02 The Fair Labor Standards Act
Chapter 3
Receipt of a Wage and Hour Complaint
§ 3.01 Initial Case Assessment
Chapter 4
Defending FLSA Collective Actions—The Motion for Conditional Certification
§ 4.01 The “Similarly Situated” Standard
§ 4.03 Nature of Evidence on Motion for Conditional Certification
§ 4.05 Job Duties and Other Employment Characteristics
§ 4.06 Interest Among Putative Class Members
§ 4.07 Fairness
An Overview of Wage and Hour Litigation and Its Defense
§ 1.01 Overview of Modern Wage and Hour Litigation
§ 1.02 Defense Orientation
§ 1.03 The Sources of Law
[1] Procedural Law
[2] Substantive Law
§ 1.04 Looking Forward[2] Substantive Law
Chapter 2
The Genesis of a Wage and Hour Lawsuit
§ 2.01 Introduction
§ 2.02 The Fair Labor Standards Act
[1] Private Rights of Action
[2] Agency Actions
§ 2.03 State Law[2] Agency Actions
[1] Rights of Action Under State Law Compared to Rights Under the FLSA
[2] Rule 23 and How It Differs from Section 216(b)
[3] Other State Law Mechanisms for “Class” Actions
[2] Rule 23 and How It Differs from Section 216(b)
[3] Other State Law Mechanisms for “Class” Actions
Chapter 3
Receipt of a Wage and Hour Complaint
§ 3.01 Initial Case Assessment
[1] Document Preservation
[2] Delimiting the Class Definition
[3] Early Settlement Assessment
[4] Pursuing Settlement with Named Plaintiffs and Putative Class Members
[5] Determining Opposing Counsel’s Class Action Experience and Predilections
§ 3.02 Removal to Federal Court[2] Delimiting the Class Definition
[3] Early Settlement Assessment
[4] Pursuing Settlement with Named Plaintiffs and Putative Class Members
[5] Determining Opposing Counsel’s Class Action Experience and Predilections
[1] Factors to Consider in Deciding Whether to Remove
[2] Grounds for Removal
§ 3.03 Affirmative Defenses[2] Grounds for Removal
[1] Portal-to-Portal Act Affirmative Defenses for FLSA Claims
[2] Other Defenses for FLSA Claims
§ 3.04 Motions to Dismiss Wage and Hour Complaints[2] Other Defenses for FLSA Claims
[1] Twombly and Iqbal Motions to Dismiss
[2] Applying the Twombly Standard to Wage and Hour Class or Collective Actions
[2] Applying the Twombly Standard to Wage and Hour Class or Collective Actions
Chapter 4
Defending FLSA Collective Actions—The Motion for Conditional Certification
§ 4.01 The “Similarly Situated” Standard
[1] “Similarly Situated” Defined
[2] Two-Step Approach
[3] Standard of Proof
[4] Alternatives to Two-Step Approach
[5] Federal Rule of Civil Procedure 23 Factors
§ 4.02 Merits of Plaintiffs’ Claims[2] Two-Step Approach
[3] Standard of Proof
[4] Alternatives to Two-Step Approach
[5] Federal Rule of Civil Procedure 23 Factors
§ 4.03 Nature of Evidence on Motion for Conditional Certification
[1] Plaintiffs’ Affidavits
[2] Admissions
[3] Defendants’ Evidence
[4] Communications with Putative Opt-In Plaintiffs
§ 4.04 Uniform Company Policy, Plan or Scheme[2] Admissions
[3] Defendants’ Evidence
[4] Communications with Putative Opt-In Plaintiffs
§ 4.05 Job Duties and Other Employment Characteristics
§ 4.06 Interest Among Putative Class Members
§ 4.07 Fairness
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