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
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.
- Latest developments regarding employee connectivity via electronic devices and overtime pay claims
- Compensability of off-duty work
- Definition of work
- De minimis doctrine
- Portal-to-Portal Act
- On-call time
- Employer defense
- Individual claims
- Collective action claims
- 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?
Peter J. Gillespie
Mr. Gilllespie represents and counsels management on a wide array of employment law-related issues, including workplace... | Read More
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.Close
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
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.Close