Wage and Hour Claims in Telecommuting and Alternative Work Arrangements
Avoiding, Defending and Settling FLSA and State Law Disputes
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance for employment counsel on leveraging the benefits of flexible work arrangements while minimizing potentially costly legal risks. The panel will offer best practices for avoiding, defending and settling FLSA and state claims arising from alternative work schedules.
Outline
- Wage and hour risks of alternative work arrangements
- FLSA’s wage and hour requirement
- DOL homeworker exception
- Avoiding FLSA claims
- Enter formal agreement with employees about work hours
- Utilize time sheets to record the actual hours worked
- Develop a written policy banning overtime without prior approval
- Create strategies for monitoring employees work-related activities
- Properly compensate employees for all hours worked, including overtime
- Reduce time employee spends waiting for work or instructions
- Develop policy addressing pay for travel time to and from the office
- Avoid transforming exempt telecommuter’s position into non-exempt clerical or ministerial position
- Defending and settling FLSA and state claims
- Implementing steps to defeat class certification
- Thoroughly preparing supervisory witnesses
- Analyzing settlement offers
- Minimizing interest, penalties and attorney fees
Benefits
The panel will review these and other key questions:
- What wage and hour issues arise under the FLSA and state wage laws when managing employees working flexible schedules?
- What are the best practices for avoiding FLSA and state violations with workers allowed an alternative work arrangement?
- What strategies have been effective in defending FLSA and state lawsuits?
Faculty
Daniel J. McCoy
Partner
Fenwick & West
His practice emphasizes employment litigation and counseling for employers. He defends employers in wage and hour class... | Read More
His practice emphasizes employment litigation and counseling for employers. He defends employers in wage and hour class actions, trade secret disputes, employee mobility disputes, claims for sexual harassment, discrimination, breach of contract, union disputes, and many other causes of action in both state and federal courts.
CloseWayne E. Pinkstone
Partner
Fox Rothschild
He focuses his practice in labor and employment matters with significant experience in assisting in-house counsel,... | Read More
He focuses his practice in labor and employment matters with significant experience in assisting in-house counsel, human resources executives and company officials in identifying and solving workplace legal issues. His clients include employers in the health care, manufacturing, service, retail, technology and financial industries. He also defends employers in wage and hour collective actions.
CloseLinda B. Hollinshead
Partner
Duane Morris
She provides training and counseling to employers on a variety of subjects, including monitoring employee attendance,... | Read More
She provides training and counseling to employers on a variety of subjects, including monitoring employee attendance, FMLA compliance, medical and religious accommodations, leaves of absence policies, harassment and discrimination prevention and response strategies, business diversity, termination of employees, hiring practices, performance appraisals and performance management.
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