Fair Labor Standards Act Hot Topics

Program Description

The Fair Labor Standards Act (FLSA) generates an ever-increasing amount of litigation and exposure for employers.  Our panel of experts will explain the latest developments in this area including: potential liability for unpaid pre-shift and post-shift activities and other "off the clock" claims; liability for contingent workers employed as independent contractors or through temporary agencies; and how the Department of Labor and the courts are interpreting the new white collar regulations. 

Program Faculty

David Borgen is a partner with Goldstein, Demchak, Baller, Borgen & Dardarian, which represents plaintiffs and employees in complex and class action litigation, including employment discrimination, wage and hour, environmental, and other public interest class actions and attorneys’ fees litigation.  Mr. Borgen was lead counsel in Harrison v. Enterprise Rent-A-Car, 1998 WL 422169 (M.D. Fla. 1998) (certified as a nationwide FLSA collective action) and numerous state wage and hour class actions brought under California law.  He is a senior editor of the cumulative supplement to the BNA Fair Labor Standards Act treatise, co-chair of the ABA Section of Labor and Employment Law Federal Labor Standards Legislation committee, and a member of the College of Labor and Employment Lawyers.  He is a senior editor of the BNA treatise, Wage and Hour Laws: A State-by-State Survey (2004) and its annual supplements.  He is also co-chair of the National Employment Lawyers Association’s (NELA) Wage and Hour Committee.

Matthew W. Lampe is a partner in Jones Day’s New York office.  He represents employers in class action and other complex litigation, including cases under the FLSA, ERISA, Title VII, ADA, and ADEA.  He has litigated numerous class actions to successful conclusions for clients throughout the country.  He also advises management on wage and hour compliance, workforce restructuring, litigation avoidance, and alternative dispute resolution.  Chambers USA ranks Mr. Lampe as one of “America’s Leading Lawyers for Business.” His publications include Procedural Approaches for Countering the Dual-Filed FLSA Collective Action and State-Law Wage Class Action, 20 Lab. Law. 311 (2005). 

Steven J. Mandel has been the associate solicitor of the Fair Labor Standards Division, Office of the Solicitor, U.S. Department of Labor since January 1996.  In this position, Mr. Mandel manages an office of 22 attorneys who work with the various labor standards statutes enforced by the Wage and Hour Division of the Labor Department, including the Fair Labor Standards Act, Family and Medical Leave Act, Migrant and Seasonal Agricultural Workers Protection Act, and the Davis-Bacon and Service Contract Acts.  Mr. Mandel played a critical role in the development of the new “white collar exemption” regulations that became effective on August 23, 2004. 

Christine E. Webber is a partner with Cohen, Milstein, Hausfeld & Toll, PLLC in Washington, DC, where she represents plaintiffs in employment discrimination and wage and hour class actions. She is co-lead counsel in the Tyson Foods FLSA MDL proceeding which seeks to have chicken processing workers paid for “donning” and “doffing” time. 

Kirby Wilcox is a partner at Paul Hastings.  He has defended dozens of EEO and wage and hour class actions, litigating them through their pre-trial, trial, and post-trial phases. Mr. Wilcox has handled many labor arbitrations and has defended hundreds of wrongful discharge actions. Mr. Wilcox is an AV® rated attorney by Martindale-Hubbell, the highest such rating available to any individual lawyer. Mr. Wilcox has also appeared in each issue of The Best Lawyers in America and Chambers. He is also a Fellow of the College of Labor and Employment Lawyers. Mr. Wilcox is chief editorial consultant for the Matthew Bender treatise entitled, California Employment Law, and is a member of the board of the Matthew Bender legal developments service entitled, Bender’s California Labor & Employment Bulletin. 

CLE Credit*

1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.

The following states accept ABA teleconferences for mandatory CLE credit:
AL, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY.

*States currently not accrediting ABA Teleconferences: DE, IN, PA, KS, OH