Rochester Workplace Breakfast Briefing Series: Fair Labor Standards Act (FLSA) Issues - Avoiding Collective Action Lawsuits (12/11/08)

August 28, 2008

Breakfast Briefing Series Overview
The legal and practical issues that employers face have become increasingly complex. Employers need to keep abreast of changes and trends in the workplace with respect to certain issues that are frequently problematic in order to avoid or at least minimize negative outcomes. Mindful of this need, we have developed an agenda covering a range of topics designed to assist employers with their risk management efforts.

HRCI Recertification Credit
This program has been submitted to the HR Certification Institute.

8:00 - 8:30 a.m.
Registration and Continental Breakfast

8:30 - 10:00 a.m.


  • Understanding which Employees are "similarly situated"
  • Identifying the Most Common Violations
  • Implementing Safeguards to Avoid Exposure
  • Reviewing Recent Litigation and Lessons Learned
  • Ethical Considerations



STEPHEN C. DALEY Utica College of Syracuse University (B.S., magna cum laude, 1980); Syracuse University College of Law (J.D., magna cum laude, 1987).

Mr. Daley is Chair of the Firm's Employee Benefits Practice Group and practices in all areas of Employee Benefits Law, including qualified and non-qualified pension and welfare benefit plans. His areas of experience include: stock-based plans and arrangements (such as stock bonus plans, ESOPs, stock option plans, and phantom stock plans); tax-sheltered annuity plans for tax-exempt organizations; group-term life insurance plans; insured and self-funded medical plans; severance and early retirement incentive plans; executive employment and deferred compensation agreements; change of control ("golden parachute") arrangements; and ERISA litigation.

LOUIS P. DiLORENZO Syracuse University (B.A., 1973); University at Buffalo Law School (J.D., 1976).

Mr. DiLorenzo is Co-Chair of the Firm's Labor and Employment Law Department. He represents employers and management in all aspects of labor and employment law. His areas of experience include collective bargaining, workplace investigations, NLRB proceedings, labor audits, supervisory training, wage and hour issues, arbitration, jury trials in both state and federal courts, wage incentive plans, OFCCP audits and proceedings, employment litigation before the EEOC and the Human Rights Division and alternative dispute resolution techniques. Mr. DiLorenzo also serves several insurance companies as panel counsel (e.g., AIG and Chubb) with respect to employment litigation matters. From 2002-2004, he served as General Counsel and Secretary to Agway, Inc., a Fortune 500 Company.

THOMAS G. ERON Cornell University School of Industrial and Labor Relations (B.S., 1982); University of Chicago Law School (J.D., 1987).

Mr. Eron serves as the Chair of the Firm's Immigration Law Practice Group, and represents management in the employment and retention of foreign national employees. His Immigration practice focuses on employment-based applications and petitions (particularly non-immigrant work visas and permanent residency), and related labor condition and certification applications for employers with foreign national employees working in the United States. Mr. Eron counsels human resource managers on employment authorization and I-9 compliance issues and Social Security no-match investigations. He represents employers facing audits and enforcement actions by the U.S. Citizenship and Immigration Services, and the Department of Justice.

PETER A. JONES School of Industrial and Labor Relations at Cornell University (B.S., 1989); University of Pennsylvania Law School (J.D., cum laude, 1992).

Mr. Jones counsels and represents employers of all types and sizes in a variety of labor and employment-related contexts, including employment litigation in Federal and State courts, collective bargaining negotiations, wage and hour compliance and proceedings before administrative agencies and the courts, labor arbitrations, union organizing campaigns, strikes and picketing, and representation and unfair labor practice proceedings before the National Labor Relations Board and public sector employers in negotiations, interest arbitration, and improper practice proceedings before the Public Employment Relations Board.

BRIAN LAUDADIO University of Rochester (B.A., 1993); Syracuse University Law School (J.D., 1996).

Mr. Laudadio is a litigator who represents clients at the trial and appellate levels of state and federal courts. He concentrates his practice in the areas of labor and employment matters, banking issues, commercial contract disputes and business tort litigation. Mr. Laudadio is also knowledgeable in Native American law, advising municipalities in Indian Land Claim and related Native American litigation.

GREGORY J. McDONALD Tulane University (B.A., 1991); Pace University School of Law (J.D., magna cum laude, 1995).

Mr. McDonald represents clients at the trial and appellate levels of both state and federal courts. His practice involves resolution of commercial disputes, business tort litigation, employment discrimination litigation, trade secrets and employee non-compete litigation, contested fiduciary accountings, and resolving construction related disputes on behalf of owners, contractors, design professionals and sureties.