Labor and Employment Law Program

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Program was held at the New York City office of Cornell University on September 16, 2011.

Misclassification involving overtime eligibility for employees can be very expensive for employers.  The USDOL has increased enforcement efforts involving employers who fail to pay required overtime.  Suits by plaintiffs—such as the recent cases against the NYC Police Department by sergeants and Schering Plough by pharmaceutical reps—are increasing.  Cases also can arise during an investigation by the NYS Attorney General’s office or by the NYSDOL, which recently obtained the largest minimum wage and overtime settlement ($5.1 million) in its history.  How does the USDOL analyze these cases?  How do the Courts view wage and hour cases?  Is a salaried employee automatically exempt?  What about Outside Sales Reps, Assistant Managers, Accountants, Paralegals, Executive Assistants or Mortgage Loan Officers?  What makes someone Executive, Administrative, or Professional exempt?
 

Join us for a discussion on what employer and plaintiff attorneys need to know when counseling and representing clients in these cases, which are more complex than they appear. 

AGENDA:
 

9:00am - Welcome and Introductions
Esta R. Bigler, Esq., Director, Labor & Employment Law Program, Cornell ILR Moderator

9:10am - U.S. Department of Labor Enforcement Update and New Initiatives
M. Patricia Smith, Esq., Solicitor, U.S. Department of Labor

9:30am - The Exemptions: Executive and Professional, An Analysis of Significant Cases
Fredric C. Leffler, Esq., Senior Counsel, Proskauer Rose LLP
Reply:
M. Patricia Smith, Esq., Solicitor, U.S. Department of Labor
Adam Klein, Esq., Partner, Outten & Golden LLP
                       
10:00am  - The Exemptions: Administrative, Outside Sales, and Computer Professionals, An Analysis of Significant Cases
Adam Klein, Esq., Partner, Outten & Golden LLP
Reply:
M. Patricia Smith, Esq., Solicitor, U.S. Department of Labor
Fredric C. Leffler, Esq., Senior Counsel, Proskauer Rose LLP
                       
10:30am - Questions and Answers

11:00am  - Closing

POWERPOINT PRESENTATION

LIST OF CASES:

• Campbell v. PricewaterhouseCoopers, LLP, 2011 WL 2342740 (9th Cir. 2011)
• Christopher v. Smithkline Beecham, 635 F.3d 383 (9th Cir. 2011)
• Davis v. JPMorgan Chase, 587 F.3d 529 (2d Cir. 2009)
• Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008)
• In Re Novartis Wage and Hour Litigation, 611 F.3d 141 (2d 2010)
• Pignataro v. Port Authority, 593 F.3d 265 (3d Cir. 2010)
• Smith v. Johnson & Johnson, 593 F.3d 280 (3d Cir. 2010)
  

Co-sponsored by: Outten & Golden LLP and Proskauer Rose LLP