Program Details
2026-10-01 14:30:00
Over 1,000+ webinars
Course Overview
2026-10-01 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session teaches plaintiff-side attorneys how to reconstruct the FLSA regular rate using pay records, bonus plan documents, and the DOL’s January and May 2026 opinion letters as both analytical frameworks and evidentiary tools. Attendees will learn the mechanical four-step audit methodology for identifying improperly excluded compensation, allocating periodic bonuses workweek-by-workweek, and computing the correct overtime premium. By the end of the session, attorneys will be able to identify the most common employer miscalculations that generate viable FLSA claims, structure discovery demands around recordkeeping obligations, and apply the circuit-specific burden-of-proof framework to their cases.
Don J. Foty
Sarah R. Schalman-Bergen 3:40 pm - 4:40 pm ESTThis session teaches plaintiff-side FLSA practitioners how to construct a week-by-week damages model that performs under two sequential stress tests: judicial settlement-fairness review and the fee petition. Attorneys will learn how the 2025 DOL policy shifts—including FAB 2025-3 and the revived PAID program—alter the damages ceiling, how to present scenario-based liquidated-damages ranges at mediation, and how fee-petition arithmetic must be wired into the damages model from day one. Attendees leave able to build a defensible spreadsheet, identify collective-wide extrapolation risks, and structure their litigation file so the lodestar cross-check does not unwind the recovery.
Don J. FotySarah R. Schalman-BergenDon J. Foty is the Founding Partner of Foty Law Group in Houston, Texas, a trial and appellate firm devoted to representing workers in wage and hour class and collective actions nationwide. Over roughly two decades of practice, Mr. Foty has served as class counsel in more than 100 wage and hour class and collective actions and has recovered hundreds of millions of dollars in settlements and verdicts for employees. His practice covers the full spectrum of Fair Labor Standards Act and state wage law claims — overtime exemption misclassification, independent contractor misclassification, regular rate miscalculation, tip credit violations, off-the-clock work, fluctuating workweek abuses, unpaid meal periods, and uncompensated pre- and post-shift screening, waiting, and travel time — giving him a front-line view of which misclassification files are worth taking and how to value them.
Sarah R. Schalman-Bergen is a partner at Lichten & Liss-Riordan P.C., who has dedicated her career to creating systemic change for workers and individuals who are not being treated fairly. She has secured numerous significant settlements for the workers she represents, totaling well over $100 million.
Don J. Foty is the Founding Partner of Foty Law Group in Houston, Texas, a trial and appellate firm devoted to representing workers in wage and hour class and collective actions nationwide. Over roughly two decades of practice, Mr. Foty has served as class counsel in more than 100 wage and hour class and collective actions and has recovered hundreds of millions of dollars in settlements and verdicts for employees. His practice covers the full spectrum of Fair Labor Standards Act and state wage law claims — overtime exemption misclassification, independent contractor misclassification, regular rate miscalculation, tip credit violations, off-the-clock work, fluctuating workweek abuses, unpaid meal periods, and uncompensated pre- and post-shift screening, waiting, and travel time — giving him a front-line view of which misclassification files are worth taking and how to value them.
Sarah R. Schalman-Bergen is a partner at Lichten & Liss-Riordan P.C., who has dedicated her career to creating systemic change for workers and individuals who are not being treated fairly. She has secured numerous significant settlements for the workers she represents, totaling well over $100 million.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
