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Product ID: 396531EAU
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Avoiding and Preventing FLSA Collective Actions And State Wage Class Actions

OnDemand Webinar (89 minutes)

Don't let wage and hour class and collective actions become a costly issue for your company.

Fair Labor Standards Act (FLSA) collective actions represented the largest category of class action filings in U.S. District Courts in the last fiscal year. Wage and hour actions permeate virtually all industries resulting in huge jury verdicts and settlements. This topic will teach you how to avoid these disasters through effective preventive action, including attorney-client privileged audits of employee classification and off-the-clock work issues; how to identify and correct these problems before litigation; how to identify and address exempt to nonexempt conversions and back pay issues; and how to do the tough liability and damages analysis that can lead to cost-effective settlements with government or private plaintiffs when litigation is threatened. This topic is critical for employers looking to make sure their house is in order before getting into costly litigation.


Sara Zorich, SmithAmundsen


Common FLSA Collective Action Issues

• Exempt vs. Nonexempt Employee

• Independent Contractor vs. Employee

• New DOL Administrative Interpretation of Independent Contractors

• Off-The-Clock Work

• Burden of Proof on Employer

• Attorneys' Fees to Prevailing Plaintiffs Drives These Cases

White Collar Exemptions - FLSA

• New DOL Salary Rules

• Administrative

• Executive

• Professional

• Outside Sales

• Certain Computer Employees

• Highly Compensated

Identifying and Solving Problems Before Litigation

• Employee Classification Audits

• Wage and Hour Audits

• Supervisory Training Regarding What Constitutes Work Time, Off-The-Clock Work, Meal Periods and Breaks

Exempt to Nonexempt Conversion

• Communicating Audit Findings and Solutions to Upper Management

• Employee Issues With Change of Status

• Communicating the Conversion to Employees

• Settlement and Release Issues, and Back Pay

• Pre-Litigation Settlements With Government or Private Plaintiffs


• Determine Probable Liability or Defenses

• Quantify Potential and Likely Damages

• Analyze Settlement Options

• Evaluate Policy Changes