Overtime Pay Claims for After-Hours Use of Electronic Devices: Avoiding and Defending Litigation

Defining Working Time, Leveraging Defense Tactics, Defeating Class Certification, Proactively Avoiding Claims

A live 90-minute CLE webinar with interactive Q&A


Tuesday, October 31, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 6, 2017


This CLE webinar will provide guidance to employment counsel on effective measures to protect against overtime pay claims resulting from employees’ increased use of electronic devices to perform work-related tasks after hours. The panel will examine the most recent developments regarding after-hours use of electronic devices, review situations involving electronic devices and “working time,” and provide approaches for defeating claims.

Description

The explosion of smartphone and tablet use has eased the way for employees to have continuous remote connectivity to the workplace, presenting yet another liability threat for employers already battling an increase in overtime pay claims.

If an employee can show the employer had actual or constructive knowledge of work performed, an employer can owe overtime pay for work never requested from a worker.

Employees that prevail in overtime pay claims may be entitled to substantial damages, including back wages plus interest, liquidated damages, and attorneys’ fees and costs from the employer. These damages can grow exponentially in the face of a collective action.

Listen as our authoritative panel provides employment counsel with practical guidance for avoiding and defending overtime pay claims springing from work performed outside the workplace and after work hours via electronic devices. The panel will assess current case law as it applies to the unique claim of electronic overtime pay and provide techniques for defending against individual and collective actions and avoiding claims.

Outline

  1. Latest developments regarding employee connectivity via electronic devices and overtime pay claims
  2. Compensability of off-duty work
    1. Definition of work
    2. De minimis doctrine
      1. Portal-to-Portal Act
      2. On-call time
  3. Employer defense
    1. Individual claims
    2. Collective action claims
  4. Best practices to avoid overtime pay claims

Benefits

The panel will review these and other key issues:

  • How does continuous connectivity of employees affect the definition of working time and compensable time?
  • What are the defenses to electronic overtime pay claims?
  • What best practices should be implemented to avoid claims of electronic overtime pay?
  • What tactics work to defeat certification in collective actions when employees claim a group of employees are entitled to electronic overtime pay?

Faculty

Peter J. Gillespie, Of Counsel
Laner Muchin, Chicago

Mr. Gilllespie represents and counsels management on a wide array of employment law-related issues, including workplace safety and health, wage and hour laws, covenants not to compete, discrimination and harassment, and wrongful discharge, among others. He handles litigation in both federal and state courts as well as claims pending with state and federal agencies. Mr. Gillespie currently serves as the Chair of the AB Membership and Diversity Committee for the Section of Science and Technology Law.

Alfred B. Robinson, Jr., Shareholder
Ogletree Deakins Nash Smoak & Stewart, Washington, D.C.

Mr. Robinson has practiced labor and employment law and advised business clients on employment compliance issues since 1981. His practice focuses on wage and hour matters and he is Co-Chair of the firm’s Wage and Hour Practice Group. Mr. Robinson’s practice includes representing clients before the EEOC, NLRB, the DOL, other administrative agencies and various federal and state courts. He is a former acting Administrator of the DOL Wage and Hour Division as well as Deputy Administrator for Policy.


Live Webinar

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Includes Early Discount Savings of $50.00 (through 10/06/17)

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

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Includes Special Savings of $250.00 (through 10/06/17)


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October 6, 2017

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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

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