The Great 8 Employment Claims and Getting Ready to File Seminar Materials

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How you approach an employment claim can dictate whether you will represent the individual successfully. Addressing the important issues specific to each of the eight most common types of claims, this publication walks you through the analysis that every good attorney should go through when reviewing a potential employment case.

This comprehensive, stand-alone publication is direct from a January 2012 seminar. It is available as a PDF download; however, the user has a license to print the materials if this format is more desirable. Click here for more information on electronic books.

CONTENT SUMMARY

Getting Ready to File
Gain Leverage by Out-Working, Out-Thinking, and Out-Smarting the Other Side
The “Great 8" Employment Claims
1. FLSA Individual and Opt-in Class Actions for Unpaid Overtime
2. Retaliation Claims
3. Egregious Sexual Harassment
4. FCRA Opt-Out Class Actions Against Employers
5. Whistle Blower Claims
6. Post Wal-Mart Small Class Gender/Race Pay and Promotion Claims
7. State Law Business Torts
8. Americans With Disabilities Act Amendments Act (ADAAA)

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TABLE OF CONTENTS

GETTING READY TO FILE

        I. Introduction

        II. Getting Ready to File: The Intake and Review Process

            A. Client Selection

            B. The Employer Company

            C. Theories and Themes

            D. Supporting Documents and Witnesses

            E. Damages

GAIN LEVERAGE BY OUT-WORKING, OUT-THINKING, AND
OUT-SMARTING THE OTHER SIDE

        I. Out-Work the Defense

        II. Out-Think the Defense

        III. Out-Smart the Defense

THE “GREAT 8" EMPLOYMENT CLAIMS

        I. FLSA Individual and Opt-in Class Actions for Unpaid Overtime

            A. The Fair Labor Standards Act

            B. Collective Actions

            C. Hot FLSA Claims

        II. Retaliation Claims

            A. Introduction

            B. Retaliation Claims Under Title VII and Section 1981 Generally

            C. Prima Facie Case

            D. Burden of Proof

            E. There Must be a Causal Connection Between the Protected Activity
            and the Adverse Employment Action

            F. Timing

            G. The Employer’s Subjective Intent

            H. Compensatory Damages

            I. Punitive Damages

            J. Retaliation Protection Under the FLSA

        III. Egregious Sexual Harassment

        IV. FCRA Opt-Out Class Actions Against Employers

            A. Introduction

            B. FCRA Section 1681b(3)(A)

            C. FCRA Section 1681b(3)(A)

            D. Other Than In-Person Applications

            E. Hybrid Notices

            F. Damages

            G. The Willfulness Standard

            H. Negligent Violations

            I. Attorney’s Fees

            J. The FTC Website

            K. Social Networking Sites

            L. Defenses

            M. Conclusion

        V. Whistle Blower Claims

        VI. Post Wal-Mart Small Class Gender/Race Pay and Promotion Claims

        VII. State Law Business Torts

        VIII. Americans With Disabilities Act Amendments Act (ADAAA)