Representing Workers in Wage Claims (On Demand Seminar)

A pre-recorded streaming video replay of the September 2020 webcast, Representing Workers in Wage Claims.

Because Virginia had no private cause of action, few Virginia attorneys are experienced in wage payment law. With the recent changes in Virginia wage and hour law, it will be important for employee and employer advocates alike to understand how to litigate these cases.

Topics to be covered include:

• The Law
  • Introduction to the new private cause of action law and why it is important
    • Remedies/relief available—owed wages, liquidated damages, interest, reasonable attorney fees and costs; mandatory
    • Knowingly—treble damages
    • Case procedures—individual, joint, or collective
    • Limitations period—3 years, but tolling
    • No exhaustion requirement
    • Typical wage theft cases
    • How the new paystub law should help
• Collective Actions
  • Examples of cases
  • Conditional certification—2-step analysis
  • Notice and opt-in procedures under 29 U.S.C. § 216(b)
  • Educating Virginia judges about collective action procedures
• Keys to Building a Successful Case
• Securing a Favorable Judgment/Settlement and Collecting
• Building the Field
  • Importance of case law
  • Getting help from experienced attorneys
• Participating in Key Listservs
• Building a Practice
  • Word of mouth
  • Outreach
  • Language capacity
• Other New Laws That Could Come into Play in Wage Theft Suits
  • Private cause of action for misclassified workers
  • Anti-retaliation and whistleblower statutes
  • Minimum wage increase
  • General contractor liability

ABOUT THE SPEAKERS

Kim Bobo, Virginia Interfaith Center for Public Policy / Richmond

Kim Bobo is the Executive Director of the Virginia Interfaith Center for Public Policy, the primary organization that advocated the private cause of action and the new paystub law in the General Assembly.  Ms. Bobo is the author of Wage Theft in America and The Worker Center Handbook. Nationally recognized for her work on the issue of wage theft, she has won numerous awards, including one from the National Employment Lawyers Association.

Paul M. Falabella, Butler Royals, PLC / Richmond

Paul Falabella is a partner with Butler Royals PLC, based in Richmond. He concentrates his practice primarily in the areas of employment discrimination, employment and business torts, civil rights, and employment contracts. He has handled many wage theft cases and was involved in helping create Virginia’s private cause of action. Mr. Falabella has been named to the Virginia Rising Stars list in the field of Employment & Labor by Super Lawyers.

Mark Hanna, Murphy Anderson PLLC / Washington, DC

Mark Hanna is a founding partner of Murphy Anderson PLLC, based in Washington, DC. He has a diverse labor and employment law practice representing whistleblowers alleging fraud, low-wage workers in class and collective actions, and labor unions. Mr. Hanna litigates collective and class actions alleging wage-and-hour violations, including overtime, misclassification, unpaid meal breaks, and donning-and-doffing violations. Most of his clients are low-wage service and construction workers.