Wage & Hour Collective and Class Litigation

Annual Subscription with Automatic Renewal

Have a question about discounted site licenses, billing options, Or opting out of automatic renewal/update services? Email us or call 1.877.807.8076.
As low as $587.00
In stock
SKU
715ONL
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.

Additional Information
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
You're reviewing:Wage & Hour Collective and Class Litigation
Andrew M. Paley
Andrew M. Paley is a Co-Chair of Seyfarth Shaw's Wage & Hour Litigation Practice Group and is resident in the firm_x0019_s Los Angeles office. Mr. Paley_x0019_s practice focuses on defending employers in complex collective and class action litigations. Mr. Paley has litigated numerous class and collective actions for alleged wage and hour violations under both state and federal law for clients in a variety of industries, and his experience includes the defense of large nationwide collective actions and multi-district litigations. He also advises clients on conducting pre-litigation wage and hour audits. Mr. Paley has written and lectured on numerous employment law topics, and has been a guest lecturer at the Stanford, Pepperdine, and Southwestern law schools.
Brett C. Bartlett
Brett C. Bartlett is a Co-Chair of Seyfarth Shaw's Wage & Hour Litigation Practice Group and chair of the Labor & Employment Department in Atlanta. Mr. Bartlett devotes the majority of his practice to the defense of complex federal and state wage and hour litigation, and has defended numerous class and collective actions brought by employees alleging entitlement to unpaid overtime and minimum wages in actions that have ranged from the most complex, brought as hybrid actions under state and federal law and involving thousands of employees, to the more basic, asserting individual claims for minimum wage or overtime under the FLSA. He also provides preventative counseling and change management assistance to employers wishing to limit their exposure to these actions _x0014_ and to state and federal administrative agency investigation. Mr. Bartlett frequently speaks at seminars and conferences regarding employers' compliance with wage and hour matters, and contributes to various publications.
Noah A. Finkel
Noah A. Finkel is a Co-Chair of Seyfarth Shaw's Wage & Hour Litigation Practice Group and is resident in the firm's Chicago office. His principal area of concentration lies in wage-and-hour matters, in which he has represented companies in numerous collective and class actions under the Fair Labor Standards Act and/or state wage-and-hour laws. He also regularly advises companies on compliance with the Fair Labor Standards Act and state wage-and-hour laws, including the performance of exempt status reviews and pay practice audits. Mr. Finkel participated in drafting public comments to the U.S. Department of Labor on its proposed regulatory changes to the FLSA_x0019_s white-collar exemptions on behalf of the Society for Human Resources Management and the Public Sector FLSA Coalition. Prior to joining Seyfarth Shaw, Mr. Finkel was law clerk to the United States District Judge Nancy G. Edmunds for the Eastern District of Michigan.
Richard L. Alfred
Richard L. Alfred is the Chair of Seyfarth Shaw's Wage & Hour Litigation Practice Group and of the firm's Boston office Labor & Employment Group. Mr. Alfred devotes virtually all of his practice to the representation of employers in large, often bet-the-company, wage and hour collective and class actions, including cases consolidated by the Panel on Multi-District Litigation. He has served as lead defense counsel in numerous cases of this type and has defended many large Fortune 500 companies in actions brought under the Fair Labor Standards Act and state wage and hour laws. Mr. Alfred is a Fellow of the College of Labor and Employment Lawyers and has been named Boston's 2011 and 2010 Labor and Employment _x001C_Lawyer of the Year_x001D_ by Best Lawyers in America, in which he has been recognized for the past six years. For the past eight years, he has been ranked in the top band for Massachusetts Management Employment Lawyers in Chambers USA: America's Leading Business Lawyers. Mr. Alfred is a frequent speaker at meetings of professional organizations and has published extensively on many wage and hour issues.
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
[1] Procedural Law
[2] Substantive Law
§ 1.04 Looking Forward

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
[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

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
[1] Factors to Consider in Deciding Whether to Remove
[2] Grounds for Removal
§ 3.03 Affirmative Defenses
[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
[1] Twombly and Iqbal Motions to Dismiss
[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
§ 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
§ 4.05 Job Duties and Other Employment Characteristics
§ 4.06 Interest Among Putative Class Members
§ 4.07 Fairness

Satisfaction Guarantee: You will always have a full 30 days from receipt in which to review any book. If you don’t want the book, simply return it in resalable condition within 30 days of receipt and write “cancel” on the invoice. If you paid by credit or debit card you will receive a full refund of the purchase price (excluding return shipping & handling). eBook returns are only available if the eBook has not yet been downloaded and updates made available during any subscription term are not refundable.
For more information about online access and our downloadable EPUB format see our FAQ.

Copyright © 2019 ALM Media, LLC. All Rights Reserved.