Celesq® Attorneys Ed Center

Seven Steps to Successfully Defending Wage and Hour Class and Collective Actions

Program Number: 30216

Program Date: 09/23/2020


The possibility of a wage and hour class/collective action is a risk that keeps in-house counsel up at night, particularly given the uncertainty associated with COVID-19. Wage and hour class/collective actions present unique issues that aren’t typically present in run-of-the-mill, single-plaintiff cases—much higher defense costs, exclusion of wage and hour cases from most insurance policies, large scale disruption across the company, and considerable potential liability. Fisher Phillips Partners Kathleen M. Caminiti and Seth Kaufman will provide critical insight and specific steps companies can take right now to successfully defend against such an action.

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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour

State Program Numbers


Kathleen Caminiti, Esq.

Fisher & Phillips LLP

Kathie Caminiti is a partner in the firm's New Jersey and New York offices, and a co-chair of both the Wage and Hour and Pay Equity practice groups. She has extensive experience handling all aspects of employment litigation, including individual plaintiff discrimination claims, restrictive covenant litigation and wage and hour class and collective actions.

Kathie has a sophisticated wage and hour practice and has distinguished herself in Fair Labor Standards Act (FLSA)/wage and hour litigation. As lead counsel, Kathie has obtained favorable outcomes for clients in various wage and hour matters, including class and collective actions arising under the FLSA and various state laws.

Kathie has successfully defended cases alleging civil rights violations, race, sex, age and handicap discrimination, sexual harassment, whistle-blowing, wrongful discharge and retaliation. She has also defended employers and financial institutions in Employee Retirement Income Security Act (ERISA) cases, including class actions, seeking severance, pension and health and welfare benefits.

As a chair of Fisher Phillips’ Pay Equity Practice Group, Kathie dedicates her time to analyzing the legal issues surrounding pay equality, conducting pay equity audits and defending equal pay litigation.

Kathie counsels her clients on compliance with the panoply of employment laws and assists with their liability prevention efforts by conducting employee training, preparing handbooks and implementing policies, as well as wage and hour and pay equity audits.

Given her significant experience, Kathie is frequently quoted by ABC News, NJBiz, HR Executive, NJ 101.5 and other media outlets. She has published numerous articles that have appeared in The New York Law Journal, New Jersey Business, New Jersey Lawyer Magazine and Practical Law Institute regarding a variety of employment-related issues.


Seth Kaufman, Esq.

Fisher & Phillips LLP

Seth Kaufman is a partner in the firm's New York office, representing employers – both large corporations and small start-ups – in a range of industries, including healthcare, hospitality, media, and real estate, among others.

Seth has successfully defended employers as lead counsel in a wide variety of employment litigation, including complex class and collective wage and hour cases in state and federal court, single-plaintiff employment discrimination and retaliation claims, and labor arbitrations and matters before the National Labor Relations Board (NLRB).

Moreover, Seth also regularly advises employers in all aspects of traditional labor matters, including representing employers as lead counsel during collective bargaining, advising on union representation elections and campaigns, advising on collective bargaining matters for multi-employer bargaining associations, and handling appeals of NLRB decisions.

Seth also counsels and advises employers on compliance with state and federal law, including wage and hour issues under both the Fair Labor Standards and New York Labor Law, issues implicating the National Labor Relations Act (NLRA) in both union and non-union workplaces, accommodation requests, considerations in conducting layoffs, and issues involving corporate transactions.

Seth began his legal career with the Realty Advisory Board on Labor Relations, where he advised employers in the New York City real estate industry on collective bargaining matters and contract interpretation issues, and handled grievances and arbitrations on behalf of employers.

Seth has also guest lectured on employment law topics at the Tisch Institute for Sports Management, Media and Business at New York University’s School of Professional Studies.