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

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, October 31, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

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.


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.



  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


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?


Gillespie, Peter
Peter J. Gillespie

Of Counsel
Laner Muchin

Mr. Gilllespie represents and counsels management on a wide array of employment law-related issues, including workplace...  |  Read More

Robinson, Alfred
Alfred B. Robinson, Jr.

Ogletree Deakins Nash Smoak & Stewart

Mr. Robinson has practiced labor and employment law and advised business clients on employment compliance issues since...  |  Read More

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