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Wage & Hour Litigation and Compliance 2017

Speaker(s): Alfred B. Robinson, Jr., David S. Fortney, Derek Rollins, Ellen C. Kearns, George A. Hanson, Jason C. Marsili, Jennifer S. Brand , Lisa "Lee" A. Schreter, Lisa Swanson, Matthew W. Lampe, Michele R. Fisher, Molly Biklen, N. Katie Manley, Noah A. Finkel, Peter Rukin, Rachhana T. Srey, Shannon Liss-Riordan, Susan N. Eisenberg
Recorded on: Mar. 1, 2017
PLI Program #: 185697

Derek Rollins is of counsel in the Austin office of Ogletree Deakins. His practice covers employment litigation, including discrimination, retaliation, and wage and hour issues, as well as labor disputes. Derek is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.

Derek represents employers in state and federal courts, as well as proceedings before the Texas Workforce Commission and the Equal Employment Opportunity Commission. Derek counsels clients on best practices for compliance with legislative and regulatory issues, including wage and hour requirements, equal opportunity obligations, and civil rights concerns. He also advises federal contractors on Office of Federal Contract Compliance Program (OFCCP) compliance issues, from developing affirmative action plans to representing companies during the audit process. He regularly provides trainings and seminars to clients on updated Department of Labor regulations and Executive Orders.

While in law school, Derek worked on the Texas International Law Journal and served as a 1L Mentor. At Tulane, he was a Dean's Honor Scholar and the president of Delta Tau Delta fraternity.

Admitted to Practice


New Mexico

U.S. District Court, Eastern, Northern, Southern and Western Districts of Texas

U.S. District Court, District of New Mexico


J.D., The University of Texas School of Law, 2006

B.A., Tulane University, 2002

Practice and Industry Groups

Employment Law



  • Lead lawyer in the defense of a national advertising firm against claims of Title VII discrimination and retaliation, resulting in a favorable settlement
  • Lead lawyer in the defense of an international shipping company against claims of sexual harassment and retaliation, resulting in a favorable settlement
  • Second chair for an international oil and gas company in several wage and hour collective action litigations that were resolved favorably
  • Second chair for a government contractor in defense against False Claims Act whistleblower and traditional employment allegations
  • Regularly advises client son preparing enforceable covenants not to compete and non-disclosure agreements
  • Regularly provides counseling to local and national clients on a variety of employment-related issues, including compliance with Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and other traditional state and federal employment statutes

Molly Biklen is the Counsel for Wage and Hour at the U.S. Department of Labor, Office of the Regional Solicitor, Region II, where she supervises litigation to enforce the wage and hour laws, including the Fair Labor Standards Act, Davis Bacon and Related Acts, and Migrant and Seasonal Agricultural Worker Protection Act, among others. Molly has worked at the Department of Labor since 2009 and previously was a senior trial attorney. Prior to coming to the Department, she was a staff attorney at the Urban Justice Center.  Molly also served as a law clerk to the Honorable Sonia Sotomayor, then on the Second Circuit Court of Appeals, and the Honorable Lewis A. Kaplan of the District Court for the Southern District of New York.  She is a graduate of Columbia Law School.

George Hanson is a partner at Stueve Siegel Hanson LLP in Kansas City, Missouri. George has earned a national reputation for prosecuting wage and hour cases on behalf of disenfranchised workers, protecting their right to “a fair day’s pay for a fair day’s work.” After a landmark trial where he delivered a victory for a class of meat-packing workers, a distinguished federal judge described George’s wage and hour experience as having “matchless depth.”

George has been named lead or co-lead attorney in more than 100 wage and hour actions filed in state and federal courts across the country and been appointed lead counsel in three Multidistrict Litigations (MDLs). He has appeared in 34 states, litigating matters involving overtime, minimum wage, work without pay, unreimbursed business expenses, donning and doffing, and independent contractor misclassification. George is passionate about leveling the playing field for workers and closing the gender wage gap. As a result of George’s work, employees have recovered more than $250 million in settlements and judgments in wage and hour cases.

George has been named among the Kansas City Business Journal’s “Best of the Bar,” is a Missouri/Kansas Super Lawyer and is listed in Best Lawyers in America in three categories: commercial litigation, employment law, and mass torts/class actions. He has been honored by the National Law Journal as a Plaintiffs’ Lawyer “Trailblazer,” named a Best Lawyers in America “Lawyer of the Year” for mass tort/class action litigation and both a “Local Litigation Star” and a “Labor and Employment Star” by Benchmark Plaintiffs.

George frequently presents on wage-and-hour law at seminars and continuing legal education programs across the country. George also has been a guest lecturer at the University of Missouri – Kansas City School of Law, the University of Kansas School of Law, and the Washington University School of Law. He is an author of multiple publications in wage-and-hour law and has served as a Senior Editor for the American Bar Association’s “Fair Labor Standards Act,” a leading treatise in the field.


Jason C. Marsili is a partner at Rosen Marsili Rapp LLP in Los Angeles.  His practice focuses on class and collective wage and hour litigation on behalf of both unrepresented and unionized employees involving violations of the FLSA and state law.  Additionally, Mr. Marsili handles individual matters concerning medical leaves, employment discrimination, sexual harassment, and wrongful termination, as well as labor-management relations and executive compensation.  He holds a Master’s Degree in Dispute Resolution from the Straus Institute for Dispute Resolution and teaches negotiation and mediation advocacy courses at USC School of Law.  Mr. Marsili is an active member of both the American Bar Association (ABA) Section of Labor & Employment Law and the Los Angeles County Bar Association (LACBA) Labor & Employment Law Section.  He currently serves as a Co-Chair of the ABA Federal Labor Standards Legislation Committee.  He also serves as an officer on the Executive Committee for the LACBA Labor & Employment Law Section and is a member of the Board of Governors for the Italian American Lawyers Association.

Jennifer S. Brand has been the Associate Solicitor of Labor for the Fair Labor Standards Division of the United States Department of Labor since March 2011.  In this position, she oversees the National Office Division of the Solicitor’s Office which handles all matters involving the Fair Labor Standards Act, the Davis Bacon Act, the Family Medical Leave Act, other federal wage related statutes and several whistleblower statutes.  The Fair Labor Standards Division also acts as Counsel to the Wage and Hour Division of the Department of Labor.

From May 2008 until March 2011, Ms. Brand was the Executive Director of the New York State Joint Enforcement Task Force on Employee Misclassification.  Prior to joining the Task Force, Ms. Brand held the position of Chief of the Labor Bureau at the New York State Attorney General’s Office.  She had been employed in the Attorney General’s Labor Bureau for nearly twenty years and had previously held the positions of Deputy Bureau Chief, General Labor Section Chief and Assistant Attorney General.

Ms. Brand is a graduate of Barnard College, and Columbia University School of Law and she also holds a Masters in Public Affairs from the Woodrow Wilson School at Princeton University.

Lisa Swanson is an Assistant General Counsel in the Employment Law Group at Ernst & Young LLP in New York.  Ms. Swanson is an experienced employment attorney who has represented and advised employers in a range of industries with respect to discrimination, harassment, whistleblower, wrongful discharge, affirmative action, and wage-and-hour matters.  She began her legal career at Orrick, Herrington & Sutcliffe in New York and was later Of Counsel at Morgan Lewis & Bockius. 

Ms. Swanson also has significant human resources experience, serving as the head of Employees Relations for Lehman Brothers and the global banking and markets division of Bank of America.  As an HR professional, she provided strategic counsel to business leaders on reducing risk in the employment relationship, provided training programs and developed employment policies and practices to further business goals.

Ms. Swanson graduated from the University of Nebraska, has an MA from Columbia University and earned her JD from New York University School of Law.

Matt Lampe represents employers throughout the country in class action and other complex litigation, including cases under the FLSA, ERISA, Title VII, ADA, ADEA, and numerous state discrimination, wrongful discharge, and other tort laws. He has extensive experience leading the defense of clients facing employment class actions across multiple jurisdictions. Matt also defends companies in EEOC, DOL, and other agency investigations alleging systemic discrimination or pay practice violations. In addition, he counsels clients across a broad spectrum of employment law and litigation avoidance topics.

Matt is co-chair of the Firm's Labor & Employment Practice. He speaks frequently throughout the country on employment-related topics, including class action defense and wage and hour compliance and audit strategies. He is a contributing author to Labor & Employment N.Y. (LENY), the official blog of the New York State Bar Association's Labor and Employment Section, and a contributor to The Fair Labor Standards Act, Second Edition, American Bar Association Section of Labor and Employment Law.

Matt was named one of the "Nation's Most Powerful Employment Attorneys" by HR Executive magazine and Lawdragon. In 2012, Matt was recognized as a "Client Service All-Star" by BTI Consulting Group, which commended him for "extraordinary dedication to client service during a time of increased pressure and client demands." He is a Fellow in The College of Labor and Employment Lawyers, a life member of the U.S. Court of Appeals Sixth Circuit Judicial Conference, and a member of the New York City Bar Association and the Labor and Employment Law Sections of the American Bar Association and the New York State Bar Association.

Michele Fisher is a managing partner at Nichols Kaster, PLLP, and the Chair of the Firm’s Business Development and Marketing Groups, which originate class and collective actions and market the firm.  She has dedicated her career to litigating wage and hour cases in an aggressive, creative, and strategic manner. She is one of the leaders of a practice group that has been described as a "powerhouse" for mass wage and hour litigation and arbitration. Michele has the experience, resources, and staff to take on any company regardless of size.  She has handled several jury trials and arbitrations in her fight for employee rights and prides herself on the firm's reputation as a leader in national wage and hour class and collective action litigation. Michele has litigated hundreds of class and collective actions involving positions such as home health aides, delivery drivers, loan officers, retail salespersons, oil and gas workers, assistant managers, branch managers, field service engineers, call center representatives, exotic dancers, inside sales representatives, restaurant workers, insurance adjusters, property specialists, property managers, installers, service technicians, and road construction laborers. 

Michele is active in several organizations. She is a Co-Chair and faculty member of the Practicing Law Institute’s Wage & Hour Litigation and Compliance conference, the Vice Co-Chair of the ABA Labor and Employment Law Section’s Annual Conference Plaining Committee, the Co-Chair of the ABA Labor and Employment Law Section's Revenue and Partnership Development Committee, and a wage and hour track coordinator for the ABA Labor and Employment Law Section’s annual conference. She has also served as the Co-Chair of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee, Co-Editor-in-Chief of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee FLSA Midwinter Report, an editorial board member for BNA’s the Fair Labor Standards Act Treatise, and a chapter editor for BNA’s Wage and Hour Laws: A State-by-State Survey. She has been named to the Best Lawyers, Super Lawyers, Top Women Attorneys, and Rising Star lists repeatedly, is a member of the Top 10 Wage and Hour Lawyers, Top 100 National Trial Lawyers, Top 100 High Stakes Litigators, and LawDragon 500 Leading Plaintiff Employment Lawyers, and has been named a Lawyer of Distinction. Michele volunteers as an attorney for a foster child through the Children's Law Center.

Mr. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, and developing strategies for avoiding or responding to workplace-related crises. Mr. Fortney’s broad-based practice includes equal employment opportunity requirements, wage and hour matters, federal contractor’s affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors, and he represents clients before federal and state agencies, including the U.S. Department of Labor’s agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.

Previously, Mr. Fortney served as the chief legal officer and other positions at the U.S. Department of Labor in Washington, D.C. during the term of President George H.W.  Bush.

Mr. Fortney is on the Board of Directors of the American Employment Law Council, a co-founder of the Institute for Workplace Equality, and a Member of the ABA Council for the Labor & Employment Section.  Mr. Fortney has been recognized as one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USA survey of America’s Leading Lawyers for Business in all years from 2005 through present.  He was selected for inclusion in the 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers.  Mr. Fortney received an AV rating (the highest level) by Martindale-Hubbell.

N. Katie Manley is an Assistant General Counsel and Vice President at Cantor Fitzgerald.  At Cantor Fitzgerald, Katie advises on a variety of labor and employment and related matters, including hiring, discipline, termination, onboarding, compensation, non-solicitation, non-competition, negotiating and drafting employee and independent contractor agreements, wage and hour compliance, accommodations, and workers’ compensation.  Prior to joining Cantor Fitzgerald, Katie served as the Labor and Employment Counsel for Burberry Limited’s Americas region.

Previously, Katie was an employment defense litigator in the Employment Law Department of Paul Hastings LLP.  Her practice involved representing employers in all aspects of labor and employment law before federal and state courts and administrative agencies.  Katie also advised and counseled employers on preventative and risk adverse management practices, including compliance with various federal, state, and local laws.

Katie received her J.D. from Duke University School of Law and her B.A. from The University of Kansas.

Katie is admitted to practice in New York and Georgia.

Noah Finkel is a partner in the Labor & Employment Department and is a Co-Chair of the Wage & Hour Litigation Practice Group in Seyfarth Shaw LLP’s Chicago office.  His principal area of concentration lies in wage-and-hour matters, in which he has represented companies more than 100 actual or putative collective and/or class action matters under the Fair Labor Standards Act and/or state wage-and-hour laws.  He also regularly advises companies on compliance with the Fair Labor Standards Act and state wage-and-hour laws, including the performance of exempt status reviews and pay practice audits.

Mr. Finkel is one of three editors-in-chief of the treatise Wage & Hour Collective and Class Litigation, a more than 1000-page book devoted to the litigation of wage & hour matters.  The treatise literally is “the book” on wage & hour litigation.  Mr. Finkel participated in drafting of public comments to the United States Department of Labor on its proposed regulatory changes to the FLSA’s white-collar exemptions on behalf of the Society for Human Resources Management and the Public Sector FLSA Coalition.

Prior to joining Seyfarth Shaw, Mr. Finkel was law clerk to the United States District Judge Nancy G. Edmunds for the Eastern District of Michigan.

Peter Rukin is a founding partner of Rukin Hyland LLP, a San Francisco-based employment law firm representing employees throughout California and across the United States.  Peter is a recognized leader in his field, with more than 25 years of experience fighting for clients in court and at the bargaining table.  Peter prosecutes high stakes wage and hour claims on behalf of classes of employees and represents individual clients in discrimination and whistleblower cases.  He also counsels professionals and executives in employment matters, including the negotiation of employment agreements and severance agreements.

Peter graduated from New York University School of Law in 1991 and served as law clerk to U.S. District Court Judge Harry D. Leinenweber in Chicago. Following his clerkship, he practiced at employee-side firms in Chicago (Stowell & Friedman) and New York (Vladeck Waldman Elias & Engelhard) and served as Of Counsel in the Employment Law Department at Paul, Hastings, Janofsky & Walker in San Francisco, before starting his own firm in March 2003.

Peter is currently Chair of the Bar Association of San Francisco Labor & Employment Section Executive Committee, and is a former member of the State Bar of California Labor & Employment Section Executive Committee. He is a chapter author of the CEB Treatise California Wage and Hour Law and Litigation, and has written numerous articles on employment issues in national and state bar publications. He is a Fellow in the College of Labor and Employment Lawyers, and a long-time member of the San Francisco Board of the New Israel Fund.

Peter is admitted to the State Bars of California, Illinois and New York, the bars of various district courts, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

Rachhana T. Srey is a partner at Nichols Kaster, PLLP whose practice is primarily dedicated to class and collective action employment litigation.  Rachhana primarily handles large-scale wage and hour and discrimination cases. She has been a zealous advocate for thousands of employees over her 16 years of practice, representing a wide variety of workers in many industries including employees who work in the health, insurance, financial services, communications, retail, manufacturing, security and also federal sector employees.  Rachhana’s exceptional case management and advocacy skills, dedication to her clients, and hard work ethic have earned her the respect of her clients and of her colleagues in the legal community.  She is active in several organizations, taking on leadership roles as the Co-Chair of the National Employment Lawyer Association's Wage & Hour Committee and Practice Group, the Co-Chair of the Association of Justice's Wage & Hour Group, and Board President of Mid-Minnesota Legal Aid.  Rachhana is often invited to speak nationally and locally on a wide range of topics including wage and hour litigation and trials, class action litigation strategies, discovery issues, and recent developments in the law. 

Shannon Liss-Riordan is a nationally recognized plaintiff-side employment attorney based in Boston who specializes in wage and hour law.  Over the last twenty years, Ms. Liss-Riordan has achieved pioneering successes developing the law protecting tipped employees and employees misclassified as independent contractors, including cleaning workers, truck drivers, adult entertainers, call center workers, and many others.  She has gained widespread national attention for her work representing workers in the “gig economy” (including Uber, Lyft, GrubHub, DoorDash, Postmates, and Amazon).  Her successes have garnered significant national acclaim, including San Francisco Magazine which wrote in a profile that “Liss-Riordan has achieved a kind of celebrity unseen in the legal world since Ralph Nader sued General Motors.”  Politico named her to its guide to the “Top 50 thinkers, doers and visionaries transforming American politics in 2016.”  Each year since 2008, she has been selected for inclusion in Best Lawyers in America (Chambers).  Massachusetts Lawyers Weekly has included Ms. Liss-Riordan on its "roster of the state's most influential attorneys", describing her as a “Tenacious class-action plaintiffs’ lawyer [who] strikes fear in big-firm employment attorneys throughout Boston with her multi-million-dollar victories on behalf of strippers, waiters, skycaps and other non-exempt employees.”  Ms. Liss-Riordan is an honors graduate of Harvard College and Harvard Law School.  She co-founded Lichten & Liss-Riordan, PC, in 2009, after ten years at another plaintiff-side employment and labor firm in Boston.

Susan N. Eisenberg has more than 25 years of experience representing employers in all aspects of employment matters and is widely recognized as one of the leading employment law attorneys in Florida. Susan has extensive jury and non-jury trial experience involving sex, race, religion, age and disability harassment and discrimination issues. She also litigates non-compete and confidentiality issues as well as accessibility issues under the Americans with Disabilities Act. She regularly handles single plaintiff as well as class-action litigation. Susan is also widely known for her experience with wage and hour issues and is one of the authors of the premiere treatise titled The Fair Labor Standards Act.

Susan also advises clients on employment law compliance, discipline, terminations, reductions in force and wage and hour audits. She has extensive experience in conducting workplace investigations including those involving high level executives. She prepares workplace policies and procedure manuals, employment contracts, non-compete and confidentiality agreements and separation agreements. Susan also conducts informative and entertaining in-house training on employment issues.

Susan is Florida Bar Board Certified in Labor and Employment Law and has been a Fellow of the College of Labor and Employment Lawyers since 2007. Susan was recognized as one of the top 20 women lawyers in South Florida in 2014 and was recognized in 2019 as an Influential Business Woman by the South Florida Business Journal. Susan was also named 2020 Lawyer of the Year for Litigation, Labor & Employment Law by Best Lawyers in America.

Susan is the office managing partner of Cozen O'Connor's Miami offices and is the past co-chair of its Shareholder Nominating Committee. She currently sits on the Shareholder Compensation Committee. She is a frequent lecturer, author and bar association leader. She regularly writes and speaks on employment issues for the American Bar Association, Practicing Law Institute, and American Conference Institute. Susan is the former chair of the American Bar Association’s Federal Labor Standards Legislation Committee, president of the Academy of Florida Management Attorneys, and founding member and president of the Wage and Hour Defense Institute. Susan is the current management co-chair of the American Bar Association Labor and Employment Section Conference Planning Committee.

In addition to her litigation and counseling practice, for the past 15 years Susan has been an Arbitrator with the American Arbitration Association and is a Certified Mediator.

Susan earned her Bachelor of Science from the University of Michigan and her law degree from the University of Miami where she was a member of Law Review and president of the Moot Court Board. Before practicing law, Susan worked as a pharmacist and still holds her pharmacy license in Florida.

Mr. Robinson has practiced labor and employment law and advised business clients on employment compliance issues for most of his career.  His practice focuses on wage and hour matters and he is Co-Chair of the firm’s Wage and Hour Practice Group.  His wage and hour practice covers minimum wage, overtime, child labor and recordkeeping requirements of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Davis-Bacon Act (DBA), the Service Contract Act (SCA), the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and a number of employment standards and worker protections provided in the immigration law.  Also, he counsels employers on a wide variety of compliance issues arising under wage and hour and prevailing wage laws and he represents employers in investigations by federal and state agencies.  Additionally, Mr. Robinson advises employers in defending against wage and hour claims in federal and state courts.  He counsels employers on human resources, employment discrimination and labor relations matters and represents employers before the Equal Employment Opportunity Commission, National Labor Relations Board, United States Labor Department, and other administrative agencies.

Before joining Ogletree, he served as the acting Administrator of the Wage and Hour Division (WHD) of the United States Department of Labor.  WHD administers and enforces a variety of the wage and hour labor standards statutes that are national in scope and that enhance the welfare and protect the rights of the nation’s workers such as the FLSA, DBA, SCA, etc.  Prior to becoming acting Administrator, he served as Deputy Administrator for Policy and as Senior Policy Advisor of the Wage and Hour Division ayof the US Department of Labor.  Before joining the U.S. Department of Labor, Mr. Robinson was a member of the South Carolina House of Representatives from 1992 until 2002.  He also has served on the board of directors for the South Carolina Jobs-Economic Development Authority, a state agency that is focused on job creation and economic development.

Mr. Robinson is a frequent writer, speaker and commentator on a wide range of wage and hour topics.  Additionally, he serves on the personnel committee at his church and is a board member for his homeowners association.

Admitted to Practice:

  • South Carolina
  • District of Columbia
  • U.S. District Court, District of South Carolina
  • U.S. Court of Appeals, Fourth Circuit

Professional Activities:

  • American Bar Association, ABA Labor & Employment Law Section, and ABA Public Contract Law Section
  • South Carolina Bar Association
  • District of Columbia Bar Association
  • Associated General Contractors Labor and Employment Law Council

Ellen Kearns is the office head and senior partner in the Boston office of Constangy Brooks Smith & Prophete, LLP, a law firm specializing in labor and employment law.

Ellen represents management in a full range of traditional labor and employment law matters. She has appeared before federal and state courts and administrative agencies with respect to employment discrimination, sexual harassment, wrongful discharge, wage and hour, and other employment related litigation. Ellen is recognized nationally for her wage and hour expertise, having served as Editor-in-Chief of the first, second, third and fourth editions of the ABA/BNA Treatise, The Fair Labor Standards Act. She is the former chair of the ABA Editorial Board for the Journal of Labor & Employment Law.

Ellen has been recognized by Chambers USA Guide, Best Lawyers in America, American Registry, and Super Lawyers (Top 100 in Massachusetts, Top 50 Women in Massachusetts, Top 50 Women in New England). She is a frequent speaker on wage and hour law.

Ellen graduated from Boston College Law School and Regis College.



Lisa "Lee" A. Schreter is co-chair of the Wage and Hour Practice Group and former chair of Littler’s Board of Directors. Lee focuses on representing employers in complex class and collective actions involving discrimination, overtime and other wage-related claims and specializes in helping employers to develop forward-thinking compliance measures that reduce employment disputes.

Lee also specializes in representing management clients in negotiations with the U.S. Department Labor in national matters that involve such issues as the exempt status of employees and compliance with the Fair Labor Standards Act.

Lee represents and counsels clients in connection with many other labor and employment matters arising under federal and state laws such as The Equal Pay Act, The Service Contract Act, Title VII of the Civil Rights Act of 1964 and state law wage and hour requirements.

Prior to becoming an attorney, Lee worked in human resources where she gained extensive experience in wage and hour issues, employee relations, salary and benefit administration and general employment matters.