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Wage & Hour Litigation and Compliance 2015


Speaker(s): Allan S. Rubin, David S. Fortney, Dennis M. McClelland, Ellen C. Kearns, George A. Hanson, Hon. Arthur J. Boylan, Hon. Rubén Castillo, J. Derek Braziel, Judith E. Kramer, Lisa "Lee" A. Schreter, Matthew W. Lampe, Michele R. Fisher, Patricia Smith, Steven Andrew Smith, Susan N. Eisenberg, Timothy J. Long
Recorded on: Feb. 9, 2015
PLI Program #: 58909

J. Derek Braziel is a partner with Lee & Braziel located in Dallas Texas.  Mr. Braziel represents plaintiffs in collective action and class action litigation concerning rights asserted under the Fair Labor Standards Act and commensurate state laws governing wages.  Although based in Texas, Mr. Braziel has a national practice and has represented employees from across the nation.  Since exclusively focusing his practice on wage and hour cases, Mr. Braziel has recovered more than $120 million in unpaid wages for his clients.  Mr. Braziel received his B.B.A. from Baylor University and his J.D. from the University of Virginia School of Law.  He served as a judicial law clerk to the Honorable Howell Cobb of the United States District Court for the Eastern District of Texas.  Mr. Braziel is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.  He was recognized as a Texas SuperLawyer by Texas Monthly from 2003 to 2013, and was selected by D Magazine as one of Dallas’ Best Lawyers from 2004 to 2013.   


JUDGE ARTHUR BOYLAN served as a full-time Federal Magistrate Judge to the United States District Court – District of Minnesota, from November 1996 until his retirement in January 2014.  In 2010, he was named Minnesota’s Chief Magistrate Judge.   In his role as one of the federal court’s Alternative Dispute Resolution Neutrals, Judge Boylan has settled thousands of cases, including Brady v. National Football League, involving the 2011 lockout of professional football league players and related antitrust lawsuits.  He has also successfully mediated settlements in a number of complex class actions and multi-district litigation involving pharmaceuticals and medical devices.  In 2013, Judge Boylan was recognized as “Jurist of the Year” by the Minnesota Academy of Certified Trial Lawyers.Among his many professional accomplishments, Judge Boylan has served as President of the Minnesota chapter of the Federal Bar Association and Chair of the Minnesota Bar Association’s Rules of Professional Conduct Committee.  He has served on the Federal District Court’s Local Rules Committee, the Judicial Conference Committee on Judicial Security, and is a former board member of the Federal Magistrate Judges Association.  Judge Boylan has lectured at the William Mitchell College of Law, been an adjunct professor of law at the University of Minnesota’s Law School teaching trial practice, and acted as a mentor at the University of St. Thomas Law School.  Judge Boylan graduated from Chicago Kent College of Law, and was admitted to practice in both Illinois and Minnesota.  Prior to his service as a District Court Judge, he engaged in the private practice of law as an associate and later partner with the firm of Hulstrand, Anderson, Larson & Boylan.  

 

Following his retirement from the federal bench, Boylan returned to the private sector, his Alternative Dispute Resolution office is located in Minneapolis. 

 

Judge Boylan is a native of Chicago and, much to the chagrin of his Minnesota-born wife, remains a loyal fan of the Chicago Bears. 

 


Allan S. Rubin is a Shareholder in the Detroit, MI office of Jackson Lewis P.C.

Mr. Rubin is a nationally renowned trial and appellate attorney whose nationwide practice focuses on wage and hour, class action, and employment litigation.  He currently serves as lead counsel on multiple class action matters, including class actions involving the retail and hospitality, medical, and call center industries involving wage and hour issues, RICO, and advertising issues.  Mr. Rubin regularly represents medical providers in employment, advertising, and litigation matters.  In addition, Mr. Rubin is employment counsel to a number of businesses in the retail, bar, and entertainment industries, and has previously served as both an independent and non-independent director of a publicly traded company involved in the bar and nightclub industry.

Mr. Rubin has tried a significant number of cases throughout the United States and has frequently argued appellate matters before state and federal appellate courts.  During the course of Mr. Rubin's career, he has handled a wide variety of matters, including the defense of nationwide and state class actions, employment, and labor matters, including FLSA and state wage and hour claims, sexual harassment claims, complex trade secrets cases, defamation actions, commercial litigation, white collar criminal defense, corporate internal investigations, and constitutional law matters, amongst others.

Prior to joining Jackson Lewis, he was the managing partner of a Southfield, Michigan law firm and had previous been employed by a large Detroit based law firm.

Mr. Rubin is AV rated by Martindale Hubble, has been named a Michigan Super Lawyer, and is a Fellow in the Litigation Counsel of America, a trial lawyer honorary society composed of less than one half of one percent of American lawyers.

Mr. Rubin regularly presents at trade associations and at continuing education seminars on matters relating to class actions, wage and hour law, electronic discovery, and constitutional law matters. 

Mr. Rubin is a member of the Labor and Employment Law Section of the American Bar Association, the Labor and Employment Law Section of the State Bar of Michigan, the Litigation Section of the State Bar of Michigan, and has been elected the National Treasurer of the First Amendment Lawyers Association.

Mr. Rubin received his B.A. from Michigan State University in 1988, and his J.D., cum laude, from the Thomas M. Cooley Law School in 1991.


Chief Judge Rubén Castillo of Chicago, Illinois, received his Bachelor of Arts in Political Science from Loyola University Chicago in 1976 and his law degree from Northwestern University School of Law in 1979.

On January 27, 1994, President Clinton nominated Chief Judge Castillo to the United States District Court for the Northern District of Illinois as an Article III federal judge.  In 1999, President Clinton nominated him to be the vice-chair of the United States Sentencing Commission.  Chief Judge Castillo has also served as an adjunct professor of trial advocacy at Northwestern University School of Law for more than twenty years.  As a result of his work with students, he has received five teaching awards from Northwestern Law students.

On July 1, 2013, he assumed the position of Chief Judge of the United States District Court for the Northern District of Illinois.  Chief Judge Castillo heads the Patent Pilot Program for the Northern District of Illinois and is a participating judge.


DENNIS M. McCLELLAND

Dennis McClelland is a partner with Phelps Dunbar LLP and practices out of the firm’s Tampa, Florida, office.  A large focus of his practice over the past 18 years has been in the area of wage and hour law, including representing companies in FLSA collective actions, mass individual FLSA actions following decertification, and large-scale Department of Labor investigations.  Mr. McClelland also provides strategic consulting to companies regarding complex wage and hour compliance matters.  Mr. McClelland currently serves as an editor-in-chief of the supplement to the Fair Labor Standards Act treatise published by the American Bar Association and BNA Books.  He has served on the board of editors for the Fair Labor Standards Act treatise and its supplements for over 10 years.   Mr. McClelland also is a senior editor of the ABA/BNA treatise Wage and Hour Laws: A State-by-State Survey and was a co-author of the Florida Chapter in the treatise.  Mr. McClelland  currently serves as the management-side chair of the Federal Labor Standards Legislation Committee of the ABA’s Labor and Employment Law Section and previously served as the management-side chair of the Fair Labor Standards Act Subcommittee from 2009-2012.  Mr. McClelland is a charter member of the Wage and Hour Defense Institute.


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.

 


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, loan officers, retail salespersons, oil and gas workers, assistant 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 the Co-Chair and a faculty member of the Practicing Law Institute’s Wage & Hour Litigation and Compliance conference, the Co-Chair of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation 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-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 100 National Trial Lawyers, and Top 10 Wage and Hour Lawyers, and has been named a Lawyer of Distinction.  Michele volunteers as an attorney for a foster child through the Children's Law Center.

 

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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 pay equity, employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.  Fortney & Scott, LLC has been recognized, both locally and nationally, as a leading management employment law firm in the prestigious Best Law Firms survey for 2011-2019 by U.S. News & World Report and Best Lawyers for Washington, D.C.

Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, workplace health and safety, and pension and welfare benefits. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Mr. Fortney previously served as the Deputy and Acting Solicitor of Labor (chief legal officer) at the U.S. Department of Labor where he represented all DOL agencies.  Mr. Fortney's also has experience in litigation as well as in designing and implementing Alternative Dispute Resolution procedures to help resolve employment claims in an efficient and fair manner.

Mr. Fortney has been widely recognized for his professional accomplishments, including being named 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 2009 through present editions of The Best Lawyers in America, Washington D.C.; Washington D.C.’s Best Lawyers; and Super Lawyers.  Mr. Fortney also has an AV rating (the highest level) by Martindale-Hubbell.

David Fortney can be contacted by email (dfortney@fortneyscott.com) or telephone (+1.202.689.1200).  Additional information is available at www.fortneyscott.com.

 


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.


Timothy Long has deep experience litigating complex labor and employment issues, having served as lead counsel in multiple class, collective, and representative actions and advising on dozens more. Tim litigates wage-and-hour matters, including exemption, incentive compensation, independent contractor, off-the-clock, and pay practice claims. He also has defeated class and collective certification (including at Stage One) in exemption, off-the-clock, and pay practice cases.

Tim advises businesses on employment litigation and other types of claims. He litigates employment discrimination and wrongful termination claims, as well as matters involving trade secrets. Tim provides counsel on many corporate matters and often advises entertainment industry employers on emerging issues. Tim has both prosecuted and defended employers in trade secret and unfair business practices litigation. He has also resisted competitor efforts to enjoin the lawful practices of his clients.

Tim represents employers before state and federal administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Internal Revenue Service, the U.S. Department of Labor (DOL), the California Department of Fair Employment & Housing (DFEH), Division of Labor Standards Enforcement (DLSE), and Employment Development Department (EDD). He also conducts workplace investigations and audits.

Tim has wide-ranging experience handling traditional labor relations matters, including advising on certification and decertification elections. Throughout his career, he has litigated dozens of traditional labor disputes, representing clients in courts, before the National Labor Relations Board (NLRB), and in private arbitration. Tim also advises clients on labor relations issues that arise in mergers and acquisitions.


Ms. Kramer has a broad-based practice in labor and employment law.  She had 25 years of experience with the United States Department of Labor, where she served for 16 years as Deputy Solicitor for Planning and Coordination, the highest-ranking career position in the Office of the Solicitor.  Ms. Kramer oversaw a staff of approximately 500 attorneys, many of whom were engaged in enforcing and administering the Fair Labor Standards Act (FLSA).  She reviewed appellate briefs in FLSA cases and advised the Solicitor of Labor regarding the appeal of FLSA cases to the federal courts of appeals.  Ms. Kramer provided legal advice to the Administrator of the Wage and Hour Division and other high-ranking Department of Labor officials on matters relating to the enforcement of wage and hour laws and other federal statutes.
Ms. Kramer has extensive experience in Wage Hour matters.  She has been involved in cases and regulations addressing the determination of compensable hours, the applicability of statutory exemptions, FLSA coverage of religious institutions and tribal enterprises, issues regarding the status of independent contractors and volunteers, and a wide range of other Wage-Hour issues. 

Ms. Kramer served as Acting Solicitor of Labor on several occasions during both Republican and Democratic Administrations.  She is the recipient of numerous awards and honors, including the Philip Arnow Award, the highest award conferred by the Department of Labor.  Before joining the Department of Labor, Ms. Kramer served as a trial and appellate attorney in the Civil Rights Division of the United States Department of Justice.  She argued a number of cases before various courts of appeals in cases arising under the Fair Housing Act, Title VII of the Civil Rights Act of 1964, the Voting Rights Act, and other federal civil rights statutes.

Since joining FortneyScott, Ms. Kramer has advised numerous clients regarding wage and hour compliance with the FLSA.  She has conducted comprehensive analyses of employers’ classification and compensation practices and has represented employers in Wage-Hour audits.  Additionally, Ms. Kramer served on a panel addressing the impact of the 2004 white-collar regulations.  She has also served as an expert witness in FLSA cases in federal district courts, and is the author of a number of articles on a wide range of Wage-Hour issues.

Practice Areas:
Employment Law, Labor Law, and Appellate Litigation

Admitted to Practice:
District of Columbia

Supreme Court of the United States

Various U.S. Courts of Appeals

Education:

Northwestern University School of Law (J.D. 1972, cum laude) (Northwestern University Law Review, Order of the Coif)

University of Illinois (B.S. in Journalism, 1969, summa cum laude)(Bronze Tablet Scholar (upper 2% of class))


Named one of “The Best Lawyers in America” for the last two years and named to the Minnesota Super Lawyers list each year since 2002, Steven Andrew Smith brings a high level of trial experience, attention to detail, and personal service to each of his cases. Steve’s devotion to his client’s cause and open-mindedness have earned him wide respect in the legal community.

With multiple plaintiffs’ verdicts in each of the last three decades, Steve is both familiar with and comfortable in the courtroom. Steve’s trial experience includes trials to verdict in sexual harassment, whistleblower, reprisal/retaliation, commission, contract, gender discrimination, marital status discrimination, disability, and wage and hour claims. In addition to his trial successes, Steve has litigated several notable cases having substantial effect on employees’ rights under state and federal employment laws.

Steve is often invited to lecture on employment issues both nationally and locally because of his easy-going demeanor and professionalism. He has also authored a number of articles on employment law issues such as sexual harassment in the workplace.

Education

J.D. William Mitchell College of Law, 1995, cum laude
B.A. Concordia College - Moorhead, 1990

Admissions

Minnesota Supreme Court
8th Circuit Court of Appeals
U.S. District Court – District of Minnesota
U.S. District Court – District of North Dakota
U.S. District Court – Eastern District of Wisconsin

Awards

2014 Recipient of Karla Wahl Dedicated Advocacy Award from MN NELA
Named one of "The Best Lawyers in America" 2014-2015
Named to the Super Lawyers list, Minnesota Super Lawyers,
         Minneapolis/St. Paul Magazine, and Twin Cities Business 2002-2014
 Recipient of "2011 Distinguished Pro Bono Service Award" from the
        United States District Court - District of Minnesota
 Named one of the “Top 40 Employment Law Lawyers,” Minnesota Law
       and Politics
Named a “Top Lawyer,” Mpls./St. Paul Magazine
Named in “Who’s Who in Employment Law,” Minnesota Law and Politics
Received Martindale Hubble, AV® Preeminent™ rating

Practice Areas

Plaintiffs’ Employment Litigation
Whistleblower-Qui Tam


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 is the Editor-in-Chief of the first, second and third editions of the ABA/BNA Treatise, The Fair Labor Standards Act. She also chairs 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 also serves as Chair of the Corporate Board of the Sisters of St. Joseph’s Sponsored Ministries. She 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.