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LITIGATING WAGE AND HOUR CLASS ACTION CASES

Riding the Wave

Sponsored with the Massachusetts Chapter of the National Employment
Lawyers Association

Please Note: This course has already been held.

Date: Thursday, April 27, 2006

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM

Schedule/Agenda
Registration Information

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Why are some attorneys bringing wage and hour actions against large Massachusetts’ employers such as Wal-Mart and Fidelity? Do you know that the number of federal wage and hour class actions now exceeds EEO cases? Do you know how to assist, bring, defend, or be local counsel for these actions?

Litigating Wage and Hour Class Action Cases: Riding the New Wave gives you the substantive underpinnings and procedural insights to handle these cases. Attorneys who have been involved in litigating these matters share their expertise and their experience. Find out about the changes to the Fair Labor Standards Act and how the new rules are being applied in federal and state court.

Attend and Learn:
  • About white collar exemptions and FLSA class actions
  • How to bring a State Class Action under Rule 23
  • How to coordinate multidistrict litigation
  • Effective ways to challenge a class
  • How to dispute commonality
  • Discovery tips
  • How to estimate damages in a wage and hour class action

  S C H E D U L E / A G E N D A

4:00 WELCOME AND INTRODUCTION
Elizabeth Rodgers, Esq., Chair
Rodgers Powers and Schwartz, LLP
Program Chair, Massachusetts Chapter of NELA



4:10 WAGE AND HOUR SUBSTANTIVE LAW: FLSA, MISCLASSIFICATION AND OFF THE CLOCK CASES
  • Determining Overtime Exemptions
  • Interviewing the Plaintiff
  • How to Prove Systemic vs. Supervisor Issues
  • Off the Clock Work
  • Meal Breaks, Improper Deductions and Independent Contractors
  • What Evidence Is Necessary to Prove Willfulness?
Daniel Field, Esq. (Defendant)
Morgan Brown & Joy, LLP, Boston

Ira Spiro, Esq. (Plaintiff)
Spiro Moss Barness Harrison & Barge, LLP, Los Angeles, CA



5:10 PRIMER ON PROCEDURES GOVERNING WAGE & HOUR LITIGATION
Federal Claims under The Fair Labor Standards Act
  • Differences between FLSA Cases and Rule 23 Class Actions
  • Procedure for Asserting FLSA Collective Actions
  • Obtaining Permission to Issue Notices
  • Notice and Opt-In Processes
  • Post-Discovery Review Regarding Similarity of Claims
  • Bifurcation of Liability and Damages
  • Whether to Mediate
  • Practical Issues During the Settlement Process
  • Obtaining Approval of the Court
Thomas V. Urmy, Jr., Esq.
Shapiro Haber & Urmy LLP, Boston, MA

CLASS ACTION OR COLLECTIVE ACTION AND VENUE CONSIDERATIONS

  • Differences between Massachusetts and Federal Law
  • Collective Actions under GL c. 149
  • Consumer Protection Act and FLSA
  • State Class Actions and Rule 23
  • Resisting, Compelling or Agreeing to Arbitration
Shannon E. Liss-Riordan, Esq.
Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C., Boston, MA



6:00 NETWORKING BREAK

6:15 DISCOVERY ISSUES
  • Discovery and Appellate Issues
  • Interlocutory Appeals of Class Certification
  • Use of Experts
  • Electronic Discovery, Protective Orders, Sharing and Retention Agreements
  • Experts: Business Practices and Ethics
  • Forensic Computer Database Analysis & Reporting
  • Multi-District Litigation and Coordination with Other States
Robert Bonsignore, Esq.
Bonsignore & Brewer, Medford, MA

Discovery: In Defense of a Class Action

  • How to Oppose a Class Action
  • How to Narrow Its Scope if Approved
  • How to Prevent/Narrow Discovery until Class Is Certified
  • How to Handle State/Store Variations to Defeat Class Certification
  • How to Coordinate with Other States in Light of Class Action Fairness Act
Christopher Litterio, Esq.
Ruberto Israel & Weiner, PC, Boston, MA



6:45 SETTLEMENT PROCESS
  • Calculating and Estimating Damages
  • Practicalities of Reaching Settlement
  • Liquidated Damages
  • Recordkeeping
Ira Spiro, Esq.
Spiro Moss Barness Harrison & Barge, LLP, Los Angeles, CA



7:10 PANEL COMMENTARY AND Q & A

7:30 CONCLUDE

  G E N E R A L   I N F O

Date:  

Thursday, April 27, 2006

Tuition:  

Tuition is $199; $149 for Suffolk alumni, attorneys admitted to the Bar after 2003, and members of NELA. The course book is included in the tuition charge.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

This course will provide CLE Credit in RI, NH, VT & ME.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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