Hot Wage and Hour Issues: Overtime Concerns With Remote Access and Mobile Devices
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Don't get caught in a wage and hour class action claim - understand the liabilities remote access and mobile devices can have on your organization.Employees and their counsel continue to pursue class action claims for off-the-clock work and unpaid overtime wages at a fever pitch. Thousands of wage and hour class actions asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are staggering. The key to avoiding these claims is strict compliance with the law; however, the laws are antiquated and do not fit well with technological advances. Although allowing employees remote access to computer systems and the use of mobile devices may provide for smoother business operations, this technology presents new challenges as to when employees are engaged in work, how to track and pay for that time, and how to control when such activities occur. Gain an understanding of the nature of these issues and the newest arguments and claims to overtime advanced by plaintiffs' counsel. Learn how you can structure your workplace policies and work environment to minimize the likelihood and success of these claims.
AuthorsPatrick M. Madden, K&L Gates LLP
General Requirements of the Fair Labor Standards Act and Similar State Wage and Hour Laws
• Minimum Wage and Overtime Requirements
• The Need to Pay for All Hours Worked
• The Need for Accurate Time Records
• Salary Basis Requirements for Exempt Workers
Challenges Presented by New Technologies
• Historical Issues With Work at Home and Away From the Work Site
• Issues With Remote Access to Computer Systems
• Issues With Mobile Devices
What Can an Employer Do to Minimize the Risks?