Wage and hour lawsuits filed under the Fair Labor Standards Act (FLSA) have risen over 400 percent since 2000 and show no signs of slowing down. At the same time, the National Labor Relations Board (NLRB) has created a mish-mash of new rules and new risks for all employers – even non-union employers – as it struggles to assert its continuing relevance in a largely non-union U.S. workplace. With regulators and plaintiffs’ attorneys eagerly seeking new targets, it is essential that all employers be aware of potential liabilities in the face of ambiguous laws and unpredictable regulators.

Topics to be discussed include:

  • What you need to understand about the FLSA
    • What are the Department of Labor (DOL) initiatives and focus?
    • Are you classifying “employees” and “contractors” correctly?
    • What time must be paid and are you capturing all “hours worked”?
    • What is the plaintiffs’ class action bar going after?
  • The NLRB’s aggressive regulation of your workplace and what to do about it
    • Are disruptive employees arguably “protesting” under the protection of federal law?
    • Can employees get away with saying anything they want about an employer on social media?
    • Can an employer require mandatory arbitration of employment class claims or not?
    • Is your company’s right to keep internal investigations confidential in jeopardy?

Featured Speakers:

  • Barbara E. Hoey is a partner in the firm’s New York office and chair of the Labor and Employment practice group. Ms. Hoey has more than two decades of experience counseling her clients in all areas of employment law and employment litigation

  • Mark A. Konkel is a partner in Kelley Drye’s Labor and Employment group. Mr. Konkel has extensive experience counseling clients on human resources issues and employment litigation, including wage and hour disputes. He also protects companies’ interests in union organizing campaigns, ongoing collective bargaining and labor disputes.


Breakfast and Registration: 8 AM

Kelley Drye is an accredited provider of NY & CA CLE. This non-transitional continuing legal education program has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.5 NY professional practice credit and 1.5 CA General credit. We will apply for CLE credit in other jurisdictions, upon request, but cannot guarantee approval. If you are interested in applying to receive CLE credit, please include your desired jurisdiction and your bar registration number when you register.