Webinar: FLSA Overview and Recent Developments

This presentation will provide an overview of the federal Fair Labor Standards Act, addressing both the substantive components of the statute – the pay practices regulated, the jobs exempt from the statute’s purview, and the remedies available for violations – as well as the unique procedural issues that arise in cases litigated under the statute. Our speakers will discuss the procedural oddity of an FLSA collective action as distinct from a Rule 23 class action, and the types of motions and issues arising in the collective action context. The standard for certifying a collective action and sending class notice is currently the subject of a split among the circuits that could be heading to the U.S. Supreme Court. This session will alert incoming judicial clerks to all the issues and nuances to be aware of in an FLSA case.

Presented by the Judiciary Division’s Federal Judicial Law Clerk Committee and the Labor & Employment Law Section

About the Presenters

Kevin D. Johnson, Attorney at Law, Johnson Jackson PLLC
Kevin D. Johnson is a Shareholder in the firm.  Kevin has been Board Certified in Labor and Employment Law by The Florida Bar since 2007.  For more than two decades, Kevin has represented and advised employers about laws that affect their relationships with employees, helped them solve problems when they arise, and defended them against discrimination charges and lawsuits filed by their employees. His clients range from national restaurant chains, retail employers, and large hospitals, to independent restaurants, medical practices, and other local employers.  Kevin has experience litigating cases in jurisdictions throughout the United States, both in single-plaintiff cases and in nationwide class and collective actions.  He has been recognized in the field of employment law by various publications, including Best Lawyers in America, Florida Trend, and Super Lawyers.  Kevin is AV-rated by Martindale Hubbell.  He has also been recognized by The Florida Bar for his involvement with promoting technology and practice-management education for Florida lawyers.  Kevin graduated from the University of Florida Levin College of Law.  He was born and raised in Gainesville, Florida.

Susan E. Ellingstad, Partner, Lockridge Grindal Nauen P.L.L.P.
Susan E. Ellingstad is a partner with Lockridge Grindal Nauen P.L.L.P. and heads the firm’s employment law department. She represents large and small governmental and business clients in federal and state courts and administrative agencies in Minnesota and throughout the country. Ms. Ellingstad’s practice includes claims involving employment discrimination and harassment under Title VII, the MHRA and other federal and state employment statutes, wage and hour violations, commercial litigation, and class actions. She frequently represents clients in labor arbitrations for wrongful termination. Ms. Ellingstad also conducts independent workplace investigations for private and public employers, typically consisting of thorough fact-gathering to enable employers to take appropriate action in response to workplace complaints. Topics of investigations range from allegations of sexual harassment, race and other forms of discrimination, to various violations of policy including fraud, embezzlement, conflict of interest, code of conduct, civil service rules, and police procedures and conduct rules. In addition to conducting investigations, Ms. Ellingstad directs and oversees investigations conducted by external investigators on behalf of her clients. In addition, Ms. Ellingstad frequently writes and lectures on the Fair Labor Standards Act and other employment law issues, conducts training seminars for businesses, and counsels employers in the areas of FLSA compliance, performance management and disability accommodation issues. She also mediates employment law cases. Ms. Ellingstad has been named one of Minnesota’s “Super Lawyers” by Minnesota Law & Politics/Super Lawyers, selected for the fifth consecutive year in the Top 50 Women Lawyers category and in 2018 was recognized as one of the Top 100 Minnesota Super Lawyers. She has also been selected to Minnesota Law & Politics’ list of the Top 40 employment litigators in Minnesota. In 2016 she was named Attorney of the Year by Minnesota Lawyer.

Moderated by: Catherine A. Cano, Attorney at Law, Jackson Lewis P.C.
Catherine A. Cano is a principal in the Omaha, Nebraska office of Jackson Lewis P.C. Catherine has nearly a decade of experience representing management in labor and employment matters. She is a member of the firm’s Advice and Counsel, Disability, Leave and Health Management, and Workplace Safety and Health Practice Groups, but assists clients with all areas of labor and employment law. Catherine also regularly represents in employers in federal and state court proceedings, as well as arbitrations.

Registration

Registration is Closed

• FBA Member: $0
• Nonmember: $75

Accessibility: Closed captioning and dial-in is available for all virtual webcasts.

Cancellation Policy: No refunds will be made for notices of cancellation received within seven (7) days of the webinar date. No-shows will be billed. Substitutions may be made up to one business day prior to the event except as the Association otherwise agrees in writing. Please contact meetings@fedbar.org with cancellation and/or substitution requests.

Internet Requirements: Virtual programs require suitable internet strength to stream online panels. A minimum internet connection of 800 Kbps is recommended for an optimal attendee experience. Test your connection here. 

CLE

CLE: 1.0 CLE Credit

CLE Credit will be processed/reported approximately 4-6 weeks after the event date and available for credit in states that allow credit for live webinar presentations. You must attend the live broadcast, answer engagement polls, and accurately enter your bar number in our database to receive credit. Certificates and required documentation for self-reporting states will be issued via email, upon state bar approval. Thank you in advance for your patience, as state bars are experiencing significant delays with virtual program processing.

Click Here for more information on CLE Attendance and Reporting.

Email Communication Policy: By registering for this event, you agree to receive email communications from the Federal Bar Association and affiliated sponsors of the program concerning event details, Continuing Legal Education certification, programming changes, upcoming events, surveys, and post-event communications.

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If you have any questions regarding this program, please contact meetings@fedbar.org.