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OnDemand Course

Avoiding and Preventing FLSA Collective Actions and State Wage Class Actions

Don't let wage and hour class and collective actions become a costly issue for your company.

Fair Labor Standards Act (FLSA) collective actions represented one of the largest categories of class action filings. Wage and hour actions permeate virtually all industries resulting in huge jury verdicts and settlements. This topic will teach you how to avoid these disasters through effective preventive action, including attorney-client privileged audits of employee classification and off-the-clock work issues; how to identify and correct these problems before litigation; how to identify and address exempt to nonexempt conversions and back pay issues; and how to do the tough liability and damages analysis that can lead to cost-effective settlements with government or private plaintiffs when litigation is threatened. This topic is critical for employers looking to make sure their workplace is in order before getting into costly litigation.

94 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Common FLSA Collective Action Issues

  • Exempt vs. Nonexempt Employee
  • Independent Contractor vs. Employee
  • DOL's Position on Independent Contractors
  • State Rules on Independent Contractors
  • Off-the-Clock Work
  • Burden of Proof on Employer
  • Attorneys' Fees to Prevailing Plaintiffs Drives These Cases

White Collar Exemptions - FLSA

  • DOL Salary Rules
  • Administrative
  • Executive
  • Professional
  • Outside Sales
  • Certain Computer Employees
  • Highly Compensated

Wage and Hour Basics

  • Regular Rate of Pay
  • Overtime Compliance
  • What Constitutes Work Time and Off-the-Clock Work
  • Meal Periods and Rest Breaks
  • Supervisory Training Regarding

Identifying and Solving Problems Before Litigation

  • Wage and Hour Audits
  • Communicating Audit Findings and Solutions to Upper Management
  • Employee Issues With Change of Status From Exempt to Nonexempt
  • Communicating With Employees
  • Settlement and Release Issues, and Back Pay
  • Pre-Litigation Settlements With Government or Private Plaintiffs

Litigation/Settlement

  • Determine Probable Liability or Defenses
  • Quantify Potential and Likely Damages
  • Analyze Settlement Options
  • Evaluate Policy Changes
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 24, 2021.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Sara Zorich

Sara Zorich

Amundsen Davis

  • Partner in the St. Charles office of SmithAmundsen LLC
  • Employment attorney handling immigration workplace enforcement, wage and hour issues, and discrimination issues
  • Routinely conducts seminars and workshops relating to wage and hour compliance, Form I-9 audits/compliance, E-Verify compliance, workplace enforcement, defense of governmental immigration related audits, and defense of discrimination claims relating to immigration status
  • Selected to the Illinois Super Lawyers list of "Rising Stars": 2010 to 2016
  • Member: American Immigration Lawyers Association; Society for Human Resource Management (SHRM)
  • Can be contacted at 312-894-3200 or [email protected]
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408762
Published 2021
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