The Littler Report: Wage And Hour Class Actions In The Healthcare Industry - March 2012

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In This Issue:

I. THE SCOPE OF THE PROBLEM 1

II. CLASS AND COLLECTIVE ACTIONS: THE PROCEDURAL BACKDROP 3

A. Class versus Collective Action — Overview 3

B. Opt-In versus Opt-Out 3

C. Statutes of Limitation 3

D. Standards for Certification and Notice 4

E. Contents of the Notice 5

F. Availability of an Interlocutory Appeal 5

G. Hybrid Class and Collective Actions 5

H. Settlement of Class and Collective Actions 6

I. The Class Action Fairness Act 6

III. TYPES OF CLASS ACTIONS IMPACTING HEALTHCARE EMPLOYERS 7

A. Off-the-Clock Claims 7

B. Misclassification Issues 12

C. Overtime and the Regular Rate 18

D. ERISA Claims 20

E. RICO Claims 21

F. Beware of State Wage and Hour Law 22

IV. EMPLOYERS RESPOND 25

A. Existing Statutory Defenses to Wage and Hour Claims 25

B. Can Employers Stop Solicitation by Plaintiffs’ Counsel? 27

V. PRACTICAL RECOMMENDATIONS 31

A. Questions Regarding Pay Practices Involving Nonexempt Employees 31

B. Questions Involving Exempt Versus Nonexempt Status 31

C. Steps Employers Should Consider to Avoid or Minimize Liability 31

Please see full report below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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