Wage and Hour Update: What You Need To Know About The Risk of Investigation, Litigation and, Personal Liability For Damages Presented by: Michael W. Casey, III, Esq., Kevin E. Vance, Esq., Mark J. Beutler, Esq., & Richard D. Tuschman, Esq., EpsteinBeckerGreen
As we enter the new year, wage and hour investigations and lawsuits continue to be a potentially serious problem for many employers. Indeed, wage and hour litigation, with its attorney’s fee shifting provisions, has become the “contact sport” of choice among the plaintiff’s bar, and there continues to be an abundance of new cases filed and many large settlements procured. The U.S. Department of Labor (“DOL”) and state labor agencies are expected to continue their investigatory oversight and maintain their broad targeting and enforcement efforts. 2008 looks likely to be a repeat of 2007, with new class and collective actions proceeding against employers across a widening span of industries.
Adding to these concerns is the fact that various August 2004 changes to the FLSA white-collar exemption regulations continue to cause confusion.
In this briefing, we will bring you up-to-date on:
Developments in federal and state wage and hour litigation, including class and collective action trends.
Effective strategies for ensuring compliance with federal and state wage and hour laws.
The latest guidance from the courts and the DOL on proper classification of employees, including IT workers, financial advisors and stockbrokers, claims adjusters, retail managers and assistant managers, paralegals, interns, and independent contractor status;
What’s new with respect to the "duties" and "salary basis" tests; and
How to comply with the "tip credit" provisions of the FLSA.
A question and answer session will follow the briefing.