Summary Judgment Motions in Wage and Hour Class and Collective Actions: Pre- and Post-Certification Strategies
Disposing of or Limiting Claims, Improving Settlement Posture, Eliminating Class Members

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, October 2, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide employment defense litigators on strategically pursuing summary judgment motions in wage and hour class and collective actions. The panel will discuss considerations and best practices for drafting and leveraging summary judgment motions pre- and post-certification to dispose of or limit claims, eliminate putative class members, improve settlement posture, and more.
Faculty

Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.

Mr. Tripp has represented employers in matters pending before federal and state courts and administrative agencies covering the entire gamut of employment-related claims. His focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws, and the provision of preventive advice regarding wage law compliance and class action avoidance. He has defended dozens of putative wage-hour class and collective actions, ranging from “white-collar” misclassification actions to claims brought in behalf of hourly employees seeking to recover unpaid minimum, regular and/or overtime wages, amounts unlawfully deducted from wages, unpaid commissions, and gratuities. Mr. Tripp has spoken about wage-and-hour matters to numerous industry and professional associations. He has also served as a mediator for class and collective action cases and co-teaches a seminar on wage issues at Fordham Law School.

Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to tens of thousands of claims. Ms. Riley has represented clients facing bet-the-company cases in a wide range of complex civil litigation matters in federal and state courts across the country. She also provides counsel to employers seeking to navigate thorny issues, including investigations, compliance, and terminations. Ms. Riley is a regular speaker, author, and presenter regarding class action issues, legal developments, and challenges that companies may face in the future.
Description
Wage and hour class and collective actions have the potential for costly discovery and exorbitant defense costs. As a result, defense counsel often pursue summary judgment motions as a strategy to defeat or limit claims early on, dismiss putative class members, or influence a potential settlement.
Employment litigators must be strategic about the timing of summary judgment motions--before or after certification--and their interplay with decertification motions. Counsel must also approach the drafting of summary judgment motions strategically.
Listen as our authoritative panel of employment litigators examines how employment defense counsel strategically use summary judgment motions in wage and hour class and collective actions. In addition, the panel will discuss factors to consider when weighing whether to file summary judgment motions pre- or post-certification.
Outline
- Summary judgment motions pre-certification
- Purpose/goal
- Strategic considerations
- Summary judgment motions post-certification
- Purpose/goal
- Strategic considerations
Benefits
The panel will review these and other key issues:
- What are the benefits of making summary judgment motions pre-certification?
- Under what circumstances should post-certification summary judgment motions be made?
- What are best practices for drafting summary judgment motions in wage and hour class and collective actions?
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