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)

January 29, 2015 10:50am

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