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Storm of Wage & Hour Class Action Lawsuits:
The Latest Trends and State-of-the-Art Strategies and Defenses for Employers
Seaport Hotel
Boston, MA
September 28, 2006
Who Should Attend
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Corporate counsel with responsibility for advising their clients
on wage-and-hour compliance and/or who manage the risks associated with
wage-and-hour litigation.
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CFOs and executives with oversight
for payroll practices or wage-and-hour policies.
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Senior human resources professionals responsible for implementation of
payroll practices, classification decisions, and wage-and-hour
policies and practices.
Did you know?
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Wage-and-hour litigation outpaced all other types of workplace class actions in
2005.
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State Farm paid $135 million to 2,615 misclassified insurance adjusters.
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A California jury awarded Wal-Mart workers $172 million for missed meal-period
pay plus penalties and punitive damages.
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UBS settled, for $89 million, a class-action claiming its brokers were
misclassified and subjected to unlawful deductions.
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An anonymous blog posting by an employee's spouse led to two overtime
class-action settlements by Electronic Arts, totaling $20 million.
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Why You Should Attend
A storm of wage-and-hour lawsuits has been sweeping across the country.
Challenges to the exempt status of a wide range of employees, including
stockbrokers, mortgage brokers, insurance adjusters, store managers, computer
professionals, and technical workers, have been filed across the country. Multi
million-dollar settlements have become common in these cases.
Lawsuits attacking the exempt status of employees have also led to settlements
of back overtime pay and, in some states, to a multitude of penalties for
violations such as missed meal periods and information missing from wage
statements. The rules are complicated, and even minor mistakes can lead to
liability. Is your company prepared for the storm? This program will provide
you with the tools to evaluate hot-button issues, anticipate trends in
wage-and-hour litigation, minimize your exposure to liability, and best protect
your organization from getting soaked.
This program will review the latest legal developments and identify new trends
for the coming year. As one example, you can expect a new storm front of
litigation to focus on improper timekeeping and payroll practices. The
implications of achieving compliance sooner rather than later cannot be
overstated. We will also address relevant state-law pay practice requirements,
with particular attention to California's idiosyncrasies and unique
Massachusetts and New York wage payment obligations.
The knowledge you will gain in this program will help you effectively identify
and eliminate potential compliance issues in your own organization before
litigation arises. You will also learn the latest strategies and defenses to
use when lawsuits are filed.
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The Speakers
Marjorie Fochtman, Esq.,* [
bio ]
Partner
Nixon Peabody LLP
San Francisco, CA
Jonathan Greenbaum, Esq., [
bio ]
Partner
Nixon Peabody LLP
Washington, DC
Paul Hall, Esq., [
bio ]
Partner
Nixon Peabody LLP
San Francisco, CA
Michael Hausknecht, Esq., [
bio ]
Partner
Nixon Peabody LLP
Rochester, NY
Stephen Jones, Esq., [
bio ]
Associate
Nixon Peabody LLP
Rochester, NY
Evan Kornrich, Esq.,
Vice President
Litigation and Labor
Monster Worldwide
New York, NY
Gary Oberstein, Esq., *[
bio ]
Partner
Nixon Peabody LLP
Boston, MA
Dale Skivington, Esq.,
Assistant General Counsel
Eastman Kodak Company
Rochester, NY
*Planning Committee
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Agenda
Thursday, September 28, 2006
8:00 A.M.
Registration and Continental Breakfast
8:30 A.M.
Setting the Stage
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Conference overview
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The historical context
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Recent events that have led to the current storm of litigation
9:00 A.M.
Wage & Hour Update
The past several months have seen an acceleration in wage-and-hour claims. Many
of these claims are challenging the ways companies have been doing business for
years. Wage-and-hour claims now exceed all other types of employment
litigation. Learn about the latest wage-and-hour law developments and trends
for the future in this dynamic area of the law.
9:45 A.M.
Are Your Exempt Employees Really Exempt?
The revised federal exempt employee regulations will soon be two years old.
This session will review the elements of exempt employee status and trends in
Department of Labor opinions and judicial interpretations construing the
regulations.
This session will focus on job classifications that have proven to be
particularly troublesome, including customer service personnel, technical
service personnel, information technology personnel, stockbrokers, and sales
personnel.
10:30 A.M.
Coffee Break
10:45 A.M.
The Salary Basis Test and Safe Harbor Policies
Many organizations have lost exempt status for their employees because of their
failure to comply with the salary basis test. This session will provide you
with tools to help you navigate the complicated rules of the salary basis test
and provide you with techniques to help you assure that your organization does
not jeopardize the status of employees legitimately treated as exempt.
11:15 A.M.
Work Time: It May Not Be What You Think It Is
We are now seeing a trend of class-action cases claiming that employees are
working "off the clock." Understanding what constitutes "work time" is, thus,
essential to a compliance strategy: The rules for "work suffered or permitted,"
meal and break times, meetings and training time, travel time, and comp time
will be reviewed and optimal strategies for protecting your organization
against these claims will be discussed.
12:00 PM
Networking Luncheon
1:00 PM
FLSA and State Collective and Class Actions: Winning Defense Strategies
Despite your best efforts, litigation may still result. This session will
review the latest strategy for defending against the lawsuits. This session
will cover such topics as:
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Why early and thorough case evaluation is crucial
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Achieving your lowest cost business solution
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Defeating Class Certification: discovery, briefing, and jurisdiction strategies
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Settlement Analysis: "Know when to hold 'em and know when to fold 'em"
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Winning at trial
2:00 P.M.
Unique State-Law Pay Issues
Several states have their own unique payroll requirements, including the timing
of meal periods, wage statement information, vacation rules, and final pay
rules. Learn from the experts in these states about the quagmire of state-law
requirements creating liability for unwary employers.
3:0 PM
Break
3:15 P.M.
When the DOL Comes Knocking
Does your staff know what to do when a government agent appears at your door?
Learn about effective techniques for managing a DOL audit.
4:00 P.M.
Best Practices for Handling the Exempt to Non-Exempt Conversion
Convincing managers that a position is improperly classified is a difficult
task for corporate counsel. In addition, managing the conversion process is an
area fraught with peril. This portion of the program is intended to be a
high-level discussion of the practical aspects of managing these sensitive
issues.
5:15 PM
Conclusion of the Program
5:30 - 7:15 P.M.
Networking Cocktail Reception for Speakers and Participants
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Instructional Information
Course level: This seminar will provide an overview and address key
issues, new trends, and the latest legal developments in the industry.
Prerequisites: There are no formal pre-requisites for this program. No
specific advanced preparation is required.
Teaching Methods: All sessions will be presented live, by on-site
speakers. Teaching modes will include presentations, panel discussions, and
question and answer sessions.
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Accreditation
IPED, Inc. will seek approval for continuing legal education credits on an
as-needed basis. Please indicate on your registration form if you need these
credits. State bar associations have the final authority on the acceptance of
individual courses, and IPED will do everything to ensure these requirements
are met when seeking approval.
IPED, Inc. is registered with the National Association of State Boards of
Accountancy (NASBA) as a sponsor of continuing professional education on the
National Registry of CPE Sponsors. State boards have final authority on the
acceptance of individual courses for CPE Credits. Complaints regarding
registered sponsors may be addressed to the National Registry of CPE Sponsors,
150 Fourth Avenue North, Nashville, TN 37219-2417,
www.nasba.org.
In accordance with the standards of the National Registry of CPE sponsors this
course has been granted 10 CPE Credits.
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Registration Information
IPED, Inc. accepts the following forms of payment: Visa, Mastercard and check. American
Express is not accepted.
Fees and payment
$399 General Registrant
Register by August 28, 2006, and save $25.00.
Payments must be made by check or credit card, in advance of the program.
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Group discounts
Group discounts are available. For three, four or five attendees, deduct $50 per
person from the applicable rate; for six or more attendees, deduct $75 per
person. To receive this rate, please register all individuals together. If you
have any questions please call 202-331-9230.
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Conference Site and Hotel Information
IPED has secured a block of rooms at the Seaport Hotel, 200
Seaport Blvd., Boston, MA. This block is exclusively for IPED attendees
through September 7, 2006, for $229 per night. After this date,
reservations may be taken on a space-available basis only and rates may vary.
Please contact the hotel at 617-385-5000,www.seaportboston.com
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Travel Information
Transportation from Airport
IPED is aware of the recent concerns and issues surrounding construction and
transportation in the Boston metropolitan area. We hope the following assists
you in your travel plans to our conference. Please give yourself plenty of time
traveling to and from the airport as traffic delays are occurring more than
usual due to the construction, and street and tunnel closings.
Transportation to and from Logan Airport:
Taxi - average charge $20-$40
Ace American Shuttle Service -
Where: To and From Logan Airport
When: In operation from 6 a.m. - 12 a.m.
Make rounds every 20 minutes
How Much: $14.50/person
Contact: 800.517.2281*
*To request the transfer service, call their contact number when you arrive at
Logan and a representative will direct you to the nearest pick-up location.
Pick-up locations at all terminals
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Cancellation Information
The fee is fully refundable if IPED is notified of a cancellation by 5:00 p.m.
E.S.T., September 11, 2006. $125 will be deducted from the refund after that
time, but no refund will be granted to any registrant who cancels after 5:00
p.m. on September 15, 2006.
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