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
Conducted on Tuesday, May 25, 2010
Recorded event now available
This CLE webinar 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.
Employers have responded positively to workers’ requests for telecommuting and alternative work schedules but are seeing related wage and hour class action lawsuits soar. While flexible work schedules can provide benefits to employers and employees, they create unique legal challenges.
Non-exempt employees have filed individual, collective and class action lawsuits alleging failure to pay for all hours worked. The Fair Labor Standards Act (FLSA) does not address telecommuting and other flexible arrangements, creating grey areas regarding compensable work time.
The wage and hour risks associated with alternative work arrangements demand that employers and their counsel re-examine all policies, procedures and practices regarding these arrangements.
Listen as our panel of employment attorneys reviews how to leverage the benefits of telecommuting and other flexible work arrangements while managing the potentially costly legal risks—and strategies for avoiding, defending and settling FLSA and state claims that can arise from alternative work schedules.
- 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
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?
Daniel J. McCoy, Partner
Fenwick & West,
Mountain View, Calif.
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.
Wayne E. Pinkstone, Partner
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.
Linda B. Hollinshead, Partner
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.
CLE On-Demand - Streaming Audio
Includes recorded streaming audio 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 Audio $297.00
Includes full event recording plus handouts.
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 firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
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.
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
The program was very good with a great deal of concrete, practical advice.
Briggs and Morgan
We were given simple and clear answers to complex questions, lots to work with.
Patrick R. Kelly
Glenn, Feldmann, Darby & Goodlatte
Very good breadth and depth of the subject matter - the speakers had a lot of experience and insight.
Ken J. Pedersen
Pedersen & Company
I thought the information provided was great.
Law Offices of Marcia L Kraft
The topic was timely and relevant and the speakers were knowledgeable and had excellent delivery.
Susan Leach DeBlasio
Adler Pollock & Sheehan
Employment & ERISA Advisory Board
Schulte Roth & Zabel
Holland & Hart
Goulston & Storrs
Shook Hardy & Bacon
Bracewell & Giuliani
Gibson Dunn & Crutcher
Epstein Becker & Green
Freeman Freeman Smiley
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.