How To Identify Employment Related Class and Collective Actions

Guide to identifying class and collective action claims under Title VII, ERISA, and WARN Act and collective action claims under the Fair Labor Standards Act (FLSA), Equal Pay Act (EPA), and the Age Discrimination in Employment Act (ADEA). Includes Rule 23 updates and tips on selecting representative plaintiffs plus case compendium on certification of class or collective actions.

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Guidelines For Executive Employment Contracts

Guide to drafting executive employment agreements. Discusses including terms of employment, duties & authority, compensation and benefits, provisions regarding separation or termination, severance agreements, post-employment provisions and consideration of other factors such as arbitration clauses, the Sarbanes-Oxley Act, and attorneys’ fees.

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Equal Pay Act - Recent Developments

Synopsis of recent Equal Pay Act (EPA) cases addressing EPA coverage, Statute of Limitations, Burdens of Proof, Affirmative Defenses, Pretext, Eleventh Amendment Immunity, and Class Action Issues.

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The New Era of Enforcing Worker's Rights Under the FLSA

Examination of case law for recovering pre and post shift wages and avoiding the Motor Carrier Act (MCA) exemption. Includes recent case law regarding certification of collective actions for unpaid work, a history of the relationship between the MCA and the FLSA, and recent congressional updates to the MCA including SAFETEA-LU.

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Choosing Your Arena: State Versus Federal

Comparison of the Florida minimum wage guarantee under the Florida Constitution with the Fair Labor Standards Act (FLSA). Includes discussion on the differences between Federal discovery and Florida state court discovery, as well as evidentiary rule differences.

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The Wage and Hour, Field Assistance Bulletin, No. 2007-2 Acknowledges Change in MCA Coverage for Drivers of Light-Weight Vehicles

Update identifies drivers who are entitled to overtime compensation as result of the SAFETEA-LU amendment narrowing of the Motor Carrier Act (MCA) exemption to exclude lightweight pick-up trucks and automobiles weighing less than 10,001 pounds. Discusses history of the MCA and provides a congressional update on the MCA.

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Update on the Fair Labor Standards Act and Related Issues

Update on wage and hour issues under the Fair Labor Standards Act (FLSA). Includes case law regarding certification of § 216(b) opt-in collective actions for minimum wage and overtime, class actions for minimum wage under Florida’s Minimum Wage Act, waiver and release issues under FLSA, mootness issues in collective actions, and avoidance of affirmative defenses.

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Strategies for Mediating Your Wage & Hour Action

Guide to mediation of collective action cases for minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). Guidance as to when you should mediate, what information to share prior to mediation, how to prepare for mediation, what should be covered in a mediation brief, effectively advocating at mediation, and how to conclude the mediation.

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Collective Action Dos & Dont's & Florida Minimum Wage Act Update

Tips for attorneys bringing collective actions for unpaid minimum or overtime wages under FLSA and for class actions under the Florida Minimum Wage Act.

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Use of Expert Testimony

Guidelines for attorneys on the use of expert witnesses in lawsuits for minimum wage and overtime.

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Compensation of Waiting Time, Rest & Meal periods & Training Under FLSA

Criteria for determining if employees are entitled to pay for waiting time, rest and meal period time and training time under the FLSA.

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Florida Constitutional Minimum Wage Guarantee & FLSA Update on Enterprise Coverage, Fluctuating Work Week Calculations, and Attorneys’ Fees

This paper provides an overview of Florida’s Minimum Wage law enacted on May 2, 2005, and an update on enterprise coverage, fluctuating work week calculations, and attorneys’ fees’ issues arising in FLSA cases.

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