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Sponsored by Lorman Education
Product ID: 407885EAU
 
Credit & Course Provided by:

Identifying, Preventing and Defending Off-the-Clock Claims

OnDemand Webinar (87 minutes)

Keep your company out of trouble and gain a better understanding of the liabilities of off-the-clock work.The laws, rules, and regulations governing compensable hours worked for nonexempt employees are intricate and exacting, and in many ways are incongruent with the realities of the 2020 workplace. Yet, an employer's failure to comply with these laws can result in costly litigation and significant business disruption. Because the number of wage-hour lawsuits continues to increase, it is important to stay abreast of legal developments in this area. Review recent case law developments that will help you identify and prevent liabilities resulting from off-the-clock claims. Receive guidance regarding issues such as when the workday begins, remote work during COVID-19, off-duty use of cell phones, meal and rest break issues, and other activities that may constitute compensable hours worked. Review proposed strategies for defending off-the-clock claims, should a lawsuit arise.

Authors

Natalia O. Delaune, Jones Day Brian M. Jorgensen, Jones Day

Agenda

Introduction

• Nonexempt Employees

• Definition of Hours Worked

• Issues Arise as to What Time Is On-the-Clock and Compensable

• Considerations During COVID-19

- Remote Work and the Reasonable Diligence Standard for Tracking Hours Worked

- Donning and Doffing PPE

- Temperature and Symptom Screening

• Issues Arise as to What Forms of Compensation Must Be Included in Regular Rate

Recent Case Law Developments

• When Does the Compensable Workday Begin?

• Booting up Computers

• Off-Duty Use of Cell Phones

• Security Screenings

• Meal and Rest Break Issues

• Time Spent Performing Extra-Shift Activities

• On-Call Time

• De Minimis Doctrine

Regular Rate of Pay

• Reg Changes

• Issues With Bonuses and Commissions

• Ancillary Issues, Such as Pay Stub Compliance

Defending Off-The-Clock Claims (Collective Actions)

• Initial Strategic Considerations

• The Blitz - Getting Declarations From as Many People as Possible to Refute Claims

• Angle for Heightened Certification Standard

• Arbitration Agreements

• Mass Arbitrations

• Use of Expert Evidence