On-Demand   On-Demand Web Programs

Wage & Hour Litigation and Compliance 2017

Released on: Mar. 4, 2017
Running Time: 06:45:58

Wage and hour litigation claims continue to be filed in the courts at very high rates, and important new federal regulations are in place.  Attorneys, as well as human resources and compliance personnel, must keep up to date on the latest legal developments; be informed about the U.S. Department of Labor’s priorities and regulations; understand the most recent developments in the law with respect to white-collar overtime-exempt  employees and classifying employees and independent contractors; and know the best practices when preparing for and responding to DOL wage and hour investigations. In addition, attorneys in this area must know how to litigate a wage and hour claim effectively.  Similarly, it is essential for these attorneys to analyze the ethical issues that can arise in assessing compliance and litigating wage and hour claims.

This program brings together nationally recognized employer and employee advocates, prominent in-house counsel, as well as the U.S. Department of Labor, who will provide timely updates and practical strategies while sharing their respective perspectives, insights and experiences.

You will learn:

  • Analyze the timeline and basic process of litigating a wage and hour claim, including arbitration and settlement considerations
  • Receive updates on DOL’s current enforcement priorities and latest initiatives, as well as important case law developments
  • Examine DOL’s new white-collar overtime exemption regulations and the industries and areas ripe for litigation in this area
  • Understand how to properly classify employees and independent contractors and the “red flags” that might trigger a misclassification audit
  • Explore how to prepare for and respond to DOL wage and hour investigations

Special Feature

  • Earn one hour of Ethics credit evaluating the ethical issues that arise during wage and hour self-audits

This program is designed for all practitioners who are involved in wage and hour issues, at all knowledge and experience levels, whether from the perspective of outside counsel or in-house counsel in the private and public sectors, labor union attorneys, representatives of individuals or groups of employees, or human resources and corporate compliance executives and representatives. Litigators, government regulators and advisors, judges, arbitrators and mediators in the wage and hour area will also find this program particularly valuable.

Lecture Topics [Total time 06:45:58]

Segments with an asterisk (*) are available only with the purchase of the entire program.


  • Opening Remarks and Introduction* [00:13:28]
    Michele R. Fisher, David S. Fortney
  • The Life of a Wage and Hour Litigation Claim [01:28:40]
    George A. Hanson, Jason C. Marsili, Lisa "Lee" A. Schreter, Derek Rollins
  • Wage & Hour Case Law Update [01:00:40]
    Ellen C. Kearns, Rachhana T. Srey
  • Implementing the New “White Collar” Regulations? [01:00:14]
    Susan N. Eisenberg, Michele R. Fisher, Lisa Swanson
  • Independent Contractors [00:58:48]
    Shannon Liss-Riordan, Matthew W. Lampe, Timothy J. Long, Peter Rukin
  • Preparing For and Responding to DOL Wage & Hour Investigations [01:02:57]
    David S. Fortney, Jennifer S. Brand, Molly Biklen
  • Ethical Issues Arising in Wage & Hour Self-Audits [01:01:11]
    Noah A. Finkel, Alfred B. Robinson, Jr., N. Katie Manley

The purchase price of this Web Program includes the following articles from the Course Handbook available online:


  • COMPLETE COURSE HANDBOOK
  • The Life of a Wage and Hour Litigation Claim (Prepared December 1, 2016)
    Jason C. Marsili, George A. Hanson, Lisa "Lee" A. Schreter, Shafeeqa Watkins Giarratani
  • General Trends in Wage & Hour Case Development (December 1, 2016)
    Shafeeqa Watkins Giarratani, Derek Rollins
  • Update on Case Law Developments in Wage and Hour Litigation
    Ellen C. Kearns
  • Wage & Hour Case Law Update
    Rachhana T. Srey
  • The New White-Collar Exemption Regulations and Considerations for Practitioners
    Susan N. Eisenberg, Michele R. Fisher, Alex Baggio
  • Independent Contractors: A Call to Action? Or What’s Old Is New Again?
    Amanda MacDonald, Timothy J. Long
  • Independent Contractors: Joint Employer Issues
    Matthew W. Lampe, Eric Distelburger
  • U.S. Department of Labor, Wage and Hour Division, Fact Sheet #79G: Application of the Fair Labor Standards Act to Shared Living Programs, including Adult Foster Care and Paid Roommate Situations (March 2014)
    Jennifer S. Brand, David S. Fortney, Paul DeCamp
  • David Weil, Administrator, U.S. Department of Labor, Wage and Hour Division, Administrator’s Interpretation No. 2014-2, Joint Employment of Home Care Workers in Consumer-Directed, Medicaid-Funded Programs by Public Entities under the Fair Labor Standards Act (June 19, 2014)
    Jennifer S. Brand, David S. Fortney, Paul DeCamp
  • U.S. Department of Labor, Wage and Hour Division News Release, U.S. Labor Department Alleges New Jersey Cleaning Company Misclassified Employees as Franchisees, Denied Workers Minimum Wage and Overtime (September 30, 2015)
    Jennifer S. Brand, David S. Fortney, Paul DeCamp
  • U.S. Department of Labor, Wage and Hour Division, Field Assistance Bulletin No. 2015-1, Memorandum from Dr. David Weil, Wage and Hour Administrator, for Regional Administrators and District Directors, Re: Credit Toward Wages under Section 3(m) of the FLSA for Lodging Provided to Employees (December 17, 2015)
    Jennifer S. Brand, David S. Fortney, Paul DeCamp
  • U.S. Department of Labor, Wage and Hour Division, Field Assistance Bulletin No. 2016-1, Memorandum From Dr. David Weil, Wage and Hour Administrator, For Regional Administrators and District Directors, Re: Exclusion of Sleep Time from Hours Worked by Domestic Service Employees (April 25, 2016)
    Jennifer S. Brand, David S. Fortney, Paul DeCamp
  • U.S. Department of Labor, Wage and Hour Division, Fact Sheet: Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees (May 2016)
    Jennifer S. Brand, David S. Fortney, Paul DeCamp
  • U.S. Department of Labor, News Brief, U.S, Labor Department Sues Oklahoma Cleaning Company, Alleging Its Cleaning ‘Franchisees’ Are Employees (September 29, 2016)
    Jennifer S. Brand, David S. Fortney, Paul DeCamp
  • How the FLSA Can Discourage Compliance: Ethical Issues Arising in Wage & Hour Self-Audits
    Noah A. Finkel, Alfred B. Robinson, Jr., N. Katie Manley, Kevin M. Young

Presentation Material


  • The Life of a Wage and Hour Litigation Claim
    George A. Hanson, Jason C. Marsili, Derek Rollins, Lisa "Lee" A. Schreter
  • Wage & Hour Case Law Update
    Ellen C. Kearns, Rachhana T. Srey
  • Implementing the New “White Collar” Regulations?
    Susan N. Eisenberg, Michele R. Fisher, Lisa Swanson
  • Independent Contractors
    Matthew W. Lampe, Shannon Liss-Riordan, Timothy J. Long, Peter Rukin
  • Preparing For and Responding to DOL Wage & Hour Investigations
    Molly Biklen, Jennifer S. Brand , David S. Fortney
  • Ethical Issues Arising in Wage & Hour Self-Audits
    Noah A. Finkel, N. Katie Manley, Alfred B. Robinson, Jr.
Co-Chair(s)
Michele R. Fisher ~ Nichols Kaster, PLLP
David S. Fortney ~ Fortney & Scott, LLC
Speaker(s)
Molly Biklen ~ Counsel for Wage and Hour, Office of the Solicitor, U.S. Department of Labor
Jennifer S. Brand ~ Associate Solicitor, Office of the Solicitor, Fair Labor Standards, U.S. Department of Labor
Susan N. Eisenberg ~ Cozen O'Connor
Noah A. Finkel ~ Seyfarth Shaw LLP
George A. Hanson ~ Stueve Siegel Hanson LLP
Ellen C. Kearns ~ Constangy, Brooks, Smith & Prophete, LLP
Matthew W. Lampe ~ Jones Day
Shannon Liss-Riordan ~ Lichten & Liss-Riordan, P.C.
Timothy J. Long ~ Orrick, Herrington & Sutcliffe LLP
N. Katie Manley ~ Vice President, Assistant General Counsel, Cantor Fitzgerald / BGC Partners / Newmark Grubb Knight Frank
Jason C. Marsili ~ Posner & Rosen LLP
Alfred B. Robinson, Jr. ~ Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Derek Rollins ~ Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Peter Rukin ~ Rukin Hyland
Lisa "Lee" A. Schreter ~ Littler Mendelson, P.C.
Rachhana T. Srey ~ Nichols Kaster, PLLP
Lisa Swanson ~ Assistant General Counsel, Ernst & Young LLP
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered.


U.S. MCLE States

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Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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Louisiana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5.5 credits of self-study per reporting period.

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Mississippi:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.

Montana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5 credits of self-study per reporting period.

Nebraska:  PLI’s on-demand web programs qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s on-demand web programs qualify as “self-study” credit. There is no limit to the number of credits an attorney can earn via self-study programs.

New Hampshire:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.

New Jersey:  PLI’s on-demand web programs qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional on-demand web programs can be used to fulfill the requirements for New York newly admitted attorneys. Only professional practice and law practice management credits may be earned via transitional on-demand web programs. Ethics and skills credits may not be earned via on-demand web programs.

North Carolina:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 6 credits of online programs per reporting period.

North Dakota:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 15 credits of self-study per reporting period.

Ohio:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s on-demand web programs qualify as “online, on-demand” credit. Attorneys are limited to 6 credits of online, on-demand programs per reporting period.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  PLI’s on-demand web programs qualify as “non-traditional” credit. Attorneys are limited to 8 credits of non-traditional programs per reporting period.

Rhode Island:  PLI’s on-demand web programs qualify as “on-demand” credit. Attorneys are limited to 3 on-demand credits per reporting period.

South Carolina:  PLI’s on-demand web programs qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 10 credits of self-study per reporting period.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s on-demand web programs qualify as “pre-recorded” credit. Attorneys are limited to 8 credits of pre-recorded programs per reporting period.

Washington:  PLI’s on-demand web programs qualify as “A/V” credit. Attorneys are limited to 22.5 credits of A/V programs per reporting period.

West Virginia:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s on-demand web programs qualify as “repeated, on-demand” credit. Attorneys are limited to 15 credits of repeated, on-demand programs per reporting period. No ethics credits can be earned via on-demand web programs.

Wyoming:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s on-demand web programs are not eligible for CPD-BC credit unless viewed with at least one other attorney or an articled student. In this case, the credit must be recorded as a “study group.”

Ontario (CPD-ON):  PLI’s on-demand web programs qualify as “recorded” credit. If viewed without a colleague, attorneys are limited to 6 credits of recorded programs per year. If viewed with at least one colleague, there is no limit to the number of credits that can be earned via recorded programs.

Quebec (CPD-QC):  PLI’s on-demand web programs can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s on-demand web programs are not approved for CPD-HK credit.

United Kingdom (CPD-UK):  PLI’s on-demand web programs can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s on-demand web programs may fulfill Australia’s CPD requirements. Credit limits for on-demand web programs vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  Select on-demand web programs qualify as “QAS Self-Study” credit. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s on-demand web programs may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s on-demand web programs may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s on-demand web programs may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s on-demand web programs may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s on-demand web programs qualify as "self-paced" credit. SHRM professionals are limited to 30 credits of self-paced programs per recertification period.

Compliance Certification Board (CCB):  PLI’s on-demand web programs qualify as “self-study” credit. Candidates are limited to 10 self-study credits per 12-month period, and certification holders are limited to 20 self-study credits per 2-year renewal period.

Certified Anti-Money Laundering Specialists Certification (CAMS):  PLI’s on-demand web programs are not approved for CAMS credit.

New York State Social Worker Continuing Education (SW CPE):  PLI’s on-demand web programs are not approved for SW CPE credit.

American Bankers Association Professional Certification (ABA):  PLI’s on-demand web programs may fulfill ABA credit requirements.

 

Related Items

Live Programs  Live Programs

Wage & Hour Litigation and Compliance 2018 (New York, NY) Feb. 13, 2018

Handbook  Course Handbook Archive

Wage & Hour Litigation and Compliance 2018  
Wage & Hour Litigation and Compliance 2017 David S Fortney, Fortney & Scott, LLC
Michele R Fisher, Nichols Kaster, PLLP
 
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