Day 1 - Thursday, January 29, 2015

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome Remarks
8:00
In-House Insights on Preventing and Managing Wage & Hour Litigation; Responding to Enhanced Enforcement; Compliance Strategies; Selecting and Retaining Law Firms and Distribution of Legal Spend in Today’s Environment; and More
10:50
Federal and State Enforcement Initiatives: Preparing for and Responding to Government Investigations, Audits, Litigation and Settlement; and Fighting a Wage & Hour Issue on Two Fronts (Government Investigation and Private Class Action)
11:30
Spotlight on the Expanding Employment Relationship of Joint Employers and the Fissured Workplace
12:10
Networking Luncheon for Speakers and Delegates
1:10
Update on Obama’s Proposed FLSA Revisions to White Collar Exemption Requirements, and Defending and Managing the Latest Federal and State Claims Involving Misclassification of Workers and Improper Labeling of Exempt/Non-Exempt Employees
2:10
The Surge in Litigation and Settlements Involving Unpaid Time for Pre/Post Shift Activities (Booting Up, Logging Off, Security Screenings) and Alternative Working Arrangements
3:10
Defending and Managing the Latest Off-the-Clock Claims Involving the Use of Smartphones/Mobile Devices Outside of Scheduled Hours and Working Remotely
4:10
Afternoon Break
4:15
Developments in Private Class Action Certification, Obtaining Decertification, and Hybrid Claims: Managing and Defending Against FLSA Collective Actions and State Law Class Actions
5:05
Update on Wage and Hour Arbitration 2015: Arbitrating Wage & Hour Cases Given the Changing Legal Landscape and Guidance for Employers Considering Mandatory Arbitration Agreements with Class and Collective Action Waivers
5:45
Recent Litigation Trends in Regular Rate of Pay, Bonuses, Commissions and Overtime, and the Latest Claims Arising from the Fair Minimum Wage Act and Tipped Employees Under the FLSA
6:30
Cocktail Reception Sponsored By:

Day 2 - Friday, January 30, 2015

7:30
Continental Breakfast
8:00
Views from the Bench: What Works and What Doesn’t in the Courtroom, Why Parties Succeed and Don’t Succeed in Wage & Hour Litigation, Novel Trial and Case Management Strategies, Examples of Bad Lawyering, Judicial Perspectives on Class Certification,
11:00
Morning Break
11:05
Tips, Strategies and Best Practices for Successful Early Mediation of a Wage & Hour Claim: Expert Insights from the Mediators Themselves
12:05
Views from the Plaintiffs’ Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics
1:20
Claims Relating to Employee Use of Social Media/ Social Networking, and the Recent Trend of Using Social Media for Class Action Notices and Class Member Recruitment
2:00
Conference Ends

Day 1 - Thursday, January 29, 2015

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome Remarks

Heather Gatley
Associate General Counsel Global Labor and Employment
Ryder System, Inc.

William C. Martucci

Shook, Hardy & Bacon LLP

8:00
In-House Insights on Preventing and Managing Wage & Hour Litigation; Responding to Enhanced Enforcement; Compliance Strategies; Selecting and Retaining Law Firms and Distribution of Legal Spend in Today’s Environment; and More

Panel 1 | 8:00–8:55

Andrew H. Smith
Head of Employment Law, Americas
Standard Chartered Bank

Sarah Johnson
Senior Employment Counsel
Nordstrom

Jeffery Kelsey
Managing Director - Litigation
Federal Express Corp.

Mary Cheddie
Senior Vice President, Human Resources
Interval Leisure Group

Arturo Fernandez
Sr. Director, Human Resources Operations
Ryder System Inc.

Stephanie J. Hart

Kaplan, Inc.

James Herman
Associate General Counsel, Employment and Benefits Law
ACE Group

Panel 1 Moderator:

Cheryl D. Orr

Drinker Biddle & Reath LLP

Panel 2 | 8:55–9:50 (break 9:50–9:55)

Mary Ulmer Jones
Associate General Counsel Senior Vice President
Bank of America

Heidi Yurkiw
Senior Assistant Counsel
Senior Assistant Counsel

Philip I. Weis
Director & Senior Employment Counsel
Boehringer Ingelheim Pharmaceuticals

Rebecca Goldstein
Principal Legal Counsel | Employment Law Group
Medtronic

Sharon C. Zehe
Legal Counsel
Mayo Clinic

Steven M. Fleischer
General Labor and Employment Counsel
PSEG Services Corporation

Panel 2 Moderator:

Martin T. Wymer

BakerHostetler

Panel 3 | 9:55–10:50

Keith James
Corporate Employment Counsel
Masco Corporation

Heather Gatley
Associate General Counsel Global Labor and Employment
Ryder System, Inc.

John W. Hamlin Esq.
Chief Employment Counsel
Marsh & McLennan Companies, Inc.

Catherine A. Spicer
Vice President – Associate General Counsel
Tailored Brands

Jeffery S. Brockmann
Senior Corporate Counsel
U.S. Bank

Beth Mabe Gianopulos JD
Counsel, Legal Department
Wake Forest Baptist Medical Center

Teri Wilford Wood
Associate General Counsel
IBM Corporation

Kristen H. Albertson
Senior Director - Corporate Ethics, Global Ethics Office
Walmart Stores, Inc.

Panel 3 Moderator:

Mandana Massoumi

Manatt, Phelps & Phillips, LLP

  • New and emerging areas of risk in the wage & hour landscape
  • Common mistakes and pitfalls to avoid in wage & hour compliance
  • Employment agreements that reduce exposure to claims and keep workers in compliance
  • Implementing and enforcing policies that will protect employers, both locally and nationally
  • Internal audit and assessment: policies, practices, classifications
  • Management and employee training
  • Developing and disseminating response plans
  • Engaging field personnel
  • Factors to consider when deciding whether to hire outside counsel
  • Coordinating your defense, both inside and outside the company
  • Managing complex litigation on a realistic and accurate budget
  • And much more

10:50
Federal and State Enforcement Initiatives: Preparing for and Responding to Government Investigations, Audits, Litigation and Settlement; and Fighting a Wage & Hour Issue on Two Fronts (Government Investigation and Private Class Action)

John Ho

Bond Schoeneck & King PLLC

Ellen C. Kearns

Constangy Brooks & Smith LLP

  • Emerging and continuing areas of focus for the DOL’s Wage & Hour Division
  • Targeted investigations: which industries are attracting increased scrutiny by the DOL and why?
  • Enforcement trends: taking a look at the frequency and types of claims being brought by the DOL
  • Recent DOL spotlight on fissured employment and their renewed interest in expanding the definition of “joint employer” status – what are the potential implications of this?
  • Focus on minimum wage and overtime pay violations – particularly in restaurant and hospitality industries
  • Recent developments in legislation on misclassification and penalties for misclassification; independent contractor classification; and restricting use of independent contractors
  • Stepped-up federal and state government audits and litigation seeking back wages, penalties and attorney fees and costs
  • The latest developments in the resolution of claims by the Wage & Hour Division
  • DOL amicus briefing
  • New state initiatives and enforcement efforts – with a focus on employee misclassification
  • Government misclassification audits and settlements: preparing for comprehensive federal and state integrated audits as coordination efforts improve among and across federal and state agencies
  • Handling parallel civil and government investigations
  • Handling derivative lawsuits stemming from a government fine/settlement
  • Combatting follow-on class action suits: practical strategies for keeping these suits at bay
  • Minimizing the impact of a government investigation on a potential jury verdict

11:30
Spotlight on the Expanding Employment Relationship of Joint Employers and the Fissured Workplace

Nicholas Woodfield

The Employment Law Group, P.C.

Harriet A. Lipkin
Partner
DLA Piper LLP

  • Addressing the NLRB and Wage & Hour Division’s renewed interest in expanding the definition of “joint employer” status – what are the potential implications of this on franchisors, sub-contractors, and other similar businesses?
  • Taking a look at recent relevant lawsuits
  • Examining the theory of employment “fissuring”
  • What is the DOL saying about fissured employment relationships contributing to wage & hour noncompliance?
  • Who is responsible for all of the employment obligations under wage & hour law? Who does the DOL say is responsible?
  • Which industries are being targeted and under what circumstances?
    • Restaurants, hotels, hospitality
    • Construction
    • Retail
    • Hair salons/spas
    • Security
    • Gas station/mini-mart
    • Janitorial
  • Preparing for the new potential wave of wage & hour class claims stemming from this
  • How to best avoid these claims; how to best defend against these claims

12:10
Networking Luncheon for Speakers and Delegates
1:10
Update on Obama’s Proposed FLSA Revisions to White Collar Exemption Requirements, and Defending and Managing the Latest Federal and State Claims Involving Misclassification of Workers and Improper Labeling of Exempt/Non-Exempt Employees

Robert Crandall MBA

Resolution Economics

Reed Russell

Phelps Dunbar LLP

Stanley Weiner

Jones Day

Changes on the Horizon for White Collar Exemptions – What Will This Mean?

  • Examining the potential implications of the Obama Administration’s proposed comprehensive changes to the FLSA’s “white-collar exemptions” (executive, administrative and professional employee exemptions)
  • What changes are on the horizon for these FLSA regulations?
  • Where is the DOL in the process?
  • What industries are likely to experience the greatest impact from these proposed changes?
  • What minimum salary requirements are being proposed?
  • What changes to the duties tests are being proposed, and what will the implications be for employers and their counsel?
  • Assessing what if any organizational and/or pay practice changes employers will need to take to achieve business objectives and minimize litigation risks as the rulemaking process progresses

Innovative Strategies for Federal and State Claims Involving Labeling Nonexempt Employees as Exempt and Misclassifying Workers

  • Exempt v. Non-Exempt and Independent Contractor Misclassifications: What’s the latest case law on the federal and state level and what are the latest strategies in defeating claims that employers have misclassified workers as “exempt” employees or independent contractors?
  • New categories of employees raising class claims based on independent contractor misclassification
  • Tips, strategies and best practices for avoiding and defending against claims and class suits based on misclassification of interns as “volunteers”
  • Staying on top of recent changes and nuances in Federal DOL and state rules governing classification
  • State law technicalities, including wage statement violations, timing of pay requirements, deductions and reimbursements
  • Litigating state law technicalities when operating a multistate business

2:10
The Surge in Litigation and Settlements Involving Unpaid Time for Pre/Post Shift Activities (Booting Up, Logging Off, Security Screenings) and Alternative Working Arrangements

Nathan D. Woods Ph.D.

Edgeworth Economics

Jennifer M. Trulock

Baker Botts LLP

Patrick F. Hulla

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • The latest class claims being brought based on wages owed for pre and post-shift activities
  • Spotlight on class claims alleging that time spent in pre or post-shift security screenings is compensable
    • An examination of the latest cases
    • What is the Supreme Court saying about this?
  • Latest case law and strategies in defending and managing claims involving:
    • employees who work in “call centers”
    • employees who place/receive phone calls to or from customers or other users
    • computer-based office workers
    • insurance adjusters who log on to laptops when they arrive at a claim investigation site
    • opening on-line reference files, applications
    • post shift on-line documenting (after last call)
    • pre/post shift meetings
  • In the above situations, when is class certification/conditional cert granted and denied?
    • Using recent dismissals, summary judgment grants/denials, and settlements as guidance
    • The “similarly situated” requirement

3:10
Defending and Managing the Latest Off-the-Clock Claims Involving the Use of Smartphones/Mobile Devices Outside of Scheduled Hours and Working Remotely

John J. Myers

Eckert Seamans Cherin & Mellott, LLC

Paul F. White Ph.D.

Resolution Economics

Linda M. Doyle

McDermott Will & Emery

  • Latest FLSA and state wage & hour case law involving:
    • Mobile devices and emails (BlackBerry, smartphones, VPN)
    • Telephone calls (texts): How are text messages interpreted?; identifying business versus personal calls and texts?; employee to employee calls
    • Employees giving email and/or cell phone to customers or potential customers
    • Computer network log-in data
    • VPN or Virtual Desktop
    • Transaction data
    • GPS Data / Work order data
    • Work assignment upload and downloading data
  • Innovative defense strategies to claims involving uncompensated, work-related use of smartphones and other mobile devices by non-exempt employees outside their working hours
    • How to defeat the similarly situated requirement of the collective action certification process
    • Winning the issue of whether putative class members are similarly situated for purposes of the class and collective action certification process
    • Using cases involving on-call time claims as guidance

4:10
Afternoon Break
4:15
Developments in Private Class Action Certification, Obtaining Decertification, and Hybrid Claims: Managing and Defending Against FLSA Collective Actions and State Law Class Actions

Jason Schwartz

Gibson Dunn & Crutcher LLP

William C. Martucci

Shook, Hardy & Bacon LLP

The Honorable Alvin K. Hellerstein
District Judge
U.S. District Court, Southern District of New York

  • Recent developments in wage-hour class and collective action treatment after Dukes and Comcast
  • Strategies for winning and defeating certification motions
  • Rulings on class treatment in executive exemption actions
  • Rulings on class treatment in off-the-clock actions
  • Hybrid federal and state law class actions
  • Rule 68 Offers of Judgment – a post Genesis review
  • CAFA Removal Jurisdiction
  • Class Member Communications
  • Attorney Fees

5:05
Update on Wage and Hour Arbitration 2015: Arbitrating Wage & Hour Cases Given the Changing Legal Landscape and Guidance for Employers Considering Mandatory Arbitration Agreements with Class and Collective Action Waivers

Sarah Johnson
Senior Employment Counsel
Nordstrom

Mandana Massoumi

Manatt, Phelps & Phillips, LLP

Michele Fisher

Nichols Kaster PLLP

  • The latest on the arbitrability of wage and hour claims
  • The legal landscape after Italian Colors, Oxford Health, Concepcion, Stolt-Nielson and D.R. Horton
  • When is there a benefit to arbitrating these cases?
  • Arbitration agreements: the ins and outs of implementing arbitration agreements; and advising clients on key provisions to insert/omit from arbitration agreements
  • Arguments being used against arbitration enforcement
  • What language is in these arbitration agreements as to collective and class actions?
  • Assessing the conflicting standards regarding the enforceability of class action waivers in arbitration agreements: How have the courts been most recently treating this issue?
  • Theories for limiting agreements to arbitrate and non-enforcement
  • Is a class action waiver in an employment application enforceable without having an actual arbitration agreement?
  • Practical considerations when arbitrating wage and hour cases
  • How to best proceed after defeating class certification when plaintiff’s counsel seeks to arbitrate multiple individual claims

5:45
Recent Litigation Trends in Regular Rate of Pay, Bonuses, Commissions and Overtime, and the Latest Claims Arising from the Fair Minimum Wage Act and Tipped Employees Under the FLSA

Marlene Quintana
Partner
GrayRobinson, P.A.

Jennifer (Jenni) L. Field

Baker & McKenzie LLP

Robert S. Turk

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

Suits and DOL Trends Involving Regular Rate of Pay, Bonuses, Commissions and Overtime

  • Claims of Unpaid Overtime – including claims for failure to pay overtime and for allegedly retaliating against those employees who pursued their overtime pay
  • Errors in calculating regular rate of pay and overtime
  • Exclusion of bonuses & commissions from regular rate-of-pay
  • The “Fluctuating Work Week”

Fair Minimum Wage Act and Tipped Employees

  • Addressing the impact on employers and their counsel of forthcoming increases in the FLSA minimum wage across various states and key industries
  • Sources of litigation that employers can expect to face as a result of these minimum wage increases, and how to best avoid and defend suits?
  • Service industry employee claims regarding tips & service charges; & the surge in class actions involving compulsory tip pools & distributions of service charges to employees
  • Federal law on tips and service charges and the interaction with state laws
    • Who are considered tipped employees?
    • Disbursement of tips and service charges; tip pooling
    • States experiencing a high volume of class action litigation

6:30
Cocktail Reception Sponsored By:

Day 2 - Friday, January 30, 2015

7:30
Continental Breakfast
8:00
Views from the Bench: What Works and What Doesn’t in the Courtroom, Why Parties Succeed and Don’t Succeed in Wage & Hour Litigation, Novel Trial and Case Management Strategies, Examples of Bad Lawyering, Judicial Perspectives on Class Certification,

Judges Panel 1 8:00-9:35

Hon. Fernando J. Gaitan Jr.

U.S. Dist. Ct., W.D. Mo.

Hon. Donetta W. Ambrose
Senior District Judge
U.S. Dist. Ct., W.D. Pa.

The Honorable George C. Steeh
District Judge
U.S. Dist. Ct., E.D. Mich.

Hon. Christopher A. Nuechterlein

U.S. Dist Ct., N.D. Ind

Hon. Zack Zouhary

U.S. Dist. Ct., N.D. Ohio

The Honorable Alvin K. Hellerstein
District Judge
U.S. District Court, Southern District of New York

Hon. Eduardo C. Robreno
Senior District Judge
U.S. Dist. Ct., E.D. Pa.

Hon. Jeffery P. Hopkins

U.S. Bankr. Ct., S.D. Ohio

Co-Moderators:

Paul Lukas
Partner
Nichols Kaster, PLLP

Ricki Roer

Wilson Elser Moskowitz Edelman & Dicker LLP

Judges Panel 2 9:35–11:00

Hon. Lorenzo F. Garcia

U.S. Dist. Ct., D. N.M.

Hon. Nanette A. Baker
U.S. Dist Ct., E.D. Mo.

Hon. Lisa P. Lenihan

U.S. Dist. Ct., W.D. Pa.

Hon. James P. O’Hara

U.S. Dist. Ct., D. Kan.

Hon. Robert B. Collings

U.S. Dist. Ct., D. Mass.

Hon. Sandra Mazer Moss (ret.)

Pa. Ct. Common Pleas

Co-Moderators:

J. Nelson Thomas

Thomas & Solomon LLP

 and More​

11:00
Morning Break
11:05
Tips, Strategies and Best Practices for Successful Early Mediation of a Wage & Hour Claim: Expert Insights from the Mediators Themselves

Aaron Reed
Partner
Littler Mendelson P.C.

Michael W. Hawkins

Dinsmore & Shohl LLP

Susan N. Eisenberg

Akerman LLP

  • Tips, strategies and best practices for early and effective mediation of a wage & hour claim
  • Pre-mediation best practices: determining if your case is appropriate for mediation
  • Assessing when to pursue mediation
  • The roles of the various participants in a mediation
  • What should an early mediation focus on and what should each party do to best prepare?
  • How does the mediator view their role in the process?
  • How do the mediators value these cases?
  • Understanding each side’s perspectives and goals
  • Techniques for engaging in a successful mediation

12:05
Views from the Plaintiffs’ Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics

William D. Frumkin

Frumkin & Hunter LLP

Michelle Drake

Nichols Kaster, PLLP

Justin M. Swartz

Outten & Golden LLP

Gregg I. Shavitz

Shavitz Law Group, P.A.

Todd M. Schneider

Schneider Wallace Cottrell Konecky LLP

David Sanford

Sanford Heisler, LLP

Moderator:

Douglas H. Wigdor

Wigdor LLP

  • Perspective on Dukes and Concepcion and their impact on wage and hour cases
    • How the plaintiffs’ bar has adapted
    • Examining progeny of these cases
    • circumvent or overcome Dukes and AT&T Mobility
  • Perspective on the recent Supreme Court decisions in Comcast, AMEX, Oxford and Genesis Healthcare
  • Assessing the latest trends in wage and hour claims and class and collective actions
  • Views on employee certifications of time worked
  • Emerging wage & hour states, industries, claims
  • How plaintiffs’ counsel make use of jury research
  • Methods that the plaintiffs’ bar utilizes in efforts to find classes, and restrictions that courts impose on such methods
  • What makes a claim attractive or unattractive to the plaintiffs’ bar?

1:20
Claims Relating to Employee Use of Social Media/ Social Networking, and the Recent Trend of Using Social Media for Class Action Notices and Class Member Recruitment

Jessica Golden Cortes

Davis & Gilbert LLP

Jeffrey D. Patton

Spilman Thomas & Battle, PLLC

  • Assessing the types of claims arising from employer and employee use of social media: Managing and defending against such claims
  • Assessing and defending against an employee’s claim that he or she was not paid for time spent engaged in social media on behalf of the company
  • How federal and state agencies view the use of social media by both employers and employees in the context of employment law: Employee background checks
  • How plaintiffs’ counsel are using social media to recruit class members – what trends are being seen with regard to this? What are the benefits? What are the challenges?
  • Communication with class members in the age of social media

2:00
Conference Ends