Wage & Hour Collective and Class Litigation

Wage & Hour Collective and Class Litigation

Author: Noah A. Finkel

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781588523310

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Wage and hour litigation continues to proliferate, carrying with it the risk of potentially exorbitant damage awards. Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal. It's the first and only publication focusing exclusively on this growing area of practice and provides a vital weapon for employers. This comprehensive, up-to-date guide discusses how employers are targeted and the substantive, procedural and practical considerations that determine the outcome of wage and hour cases in today's courts. It includes analysis of the complex rules surrounding all types of wage and hour lawsuits: claims under the Fair Labor Standards Act (FLSA), claims under state wage and hour laws, "hybrid" cases involving both, and special issues involving government contractors. It explains how to proceed upon receipt of a wage and hour claim, how to assess the merits of the claim, whether to settle, how to oppose plaintiffs' motion for conditional certification and to facilitate notice, what the best affirmative defenses are, and how to tilt the odds in the defense's favor. Though designed to assist defense lawyers, this companion to high-stakes litigation will also prove useful to in-house counsel not involved in litigation, to plaintiffs' lawyers seeking analysis from the viewpoint of opposing counsel, and to any attorney developing an interest in this robust field of law.


The Fair Labor Standards Act

The Fair Labor Standards Act

Author: Ellen C. Kearns

Publisher: Bna Books

Published: 1999

Total Pages: 1675

ISBN-13: 9781570181085

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Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.


Department of Labor: Case Studies from Ongoing Work Show Examples in Which Wage and Hour Division Did Not Pursue Labor Violations

Department of Labor: Case Studies from Ongoing Work Show Examples in Which Wage and Hour Division Did Not Pursue Labor Violations

Author: Gregory D. Kutz

Publisher: DIANE Publishing

Published: 2009-02

Total Pages: 18

ISBN-13: 1437908233

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Over 100 million workers are protected through the Dept. of Labor¿s enforcement of labor laws. The Wage and Hour Div. (WHD) enforces provisions that ensure workers are paid at least the fed. minimum wage and for overtime. According to the Dept. of Labor, investigations range from comprehensive investigations to conciliations, which consist primarily of phone calls to a complainant¿s employer. This testimony highlights findings from an ongoing investigation of WHD¿s process for investigating and resolving wage and hour complaints. This testimony will report on cases that have been identified that shows inadequate WHD investigations of complaints. Illustrations.