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.


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?


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

Live Webinar $247.00

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

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

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

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

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

How does this work?

Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

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

How does this work?

Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

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

How does this work?

DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

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

How does this work?

Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

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

Live Webinar & Audio Download $344.00

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

Live Webinar & DVD $344.00 plus $9.45 S&H

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


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
October 6, 2017

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The subject matter presented was very relevant to my practice.

Nineveh Alkhas

Neal, Gerber & Eisenberg

I appreciate the time and forum. The Webinars are very easy to attend.

Cathleen Scott

Cathleen Scott & Associates

I appreciated that the program was directly on point and did not deviate from the subject matter.

Paul Deyhle

McDonald Carano Wilson

I appreciated the clear nature of the presentation slides, as well as the Q&A section at the end.

Edmund Morrell

Alston & Bird

I appreciated the concise presentations and the valuable PowerPoint.

Jan Spitzer

American Buildings

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs


Holland & Hart

Joshua Davis


Goulston & Storrs

Barbara E. Hoey


Kelley Drye

Jeffrey Hollingsworth


Perkins Coie

Diana L. Hoover


Hoover Kernell

Paul J. Kennedy


Littler Mendelson

Marcia Nelson Jackson


Wick Phillips

William C. Martucci


Shook Hardy & Bacon

Laura Foote Reiff


Greenberg Traurig

Eugene Scalia


Gibson Dunn & Crutcher

Peter Steinmeyer


Epstein Becker & Green

Teresa R. Tracy


Freeman Freeman Smiley

Todd D. Wozniak


Greenberg Traurig

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.