After-Hours Use of Electronic Devices: Avoiding and Defending Overtime Pay Claims
Defining Working Time, Leveraging Defense Tactics, Defeating Class Certification, Proactively Avoiding Claims
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, January 8, 2019
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
This CLE course will guide employment counsel on practical 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 the after-hours use of electronic devices, review situations involving electronic devices and "working time," and provide approaches for defeating claims.
Ms. Rosenberg counsels companies and organizations on various employee-related legal issues that arise through the many stages of the employment relationship, from pre-hire to following separation. She also represents employers in litigation, including the successful defense of numerous administrative charges, lawsuits and appellate proceedings at the state and federal levels. Ms. Rosenberg is a frequent presenter and author of numerous articles on current employment law topics, including effective employment audit and risk management practices, sexual and other harassment and discrimination in the workplace, technology — such as the effects of social media and BYOD (Bring Your Own Device), the #MeToo movement, restrictive covenants, medical leave and disability-related issues, workplace violence, smart performance management, conducting workplace investigations and reductions in force and other notable developments in labor and employment law.
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 who 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.
- Latest developments regarding employee connectivity via electronic devices and overtime pay claims
- Compensability of off-duty work
- Definition of work
- De minimis doctrine
- Portal-to-Portal Act
- On-call time
- Employer defense
- Individual claims
- Collective action claims
- Best practices to avoid overtime pay claims
The panel will review these and other principal issues:
- How does continuous connectivity of employees impact the definition of working time and compensable time?
- What are the defenses to electronic overtime pay claims?
- What are best practices to avoid claims of electronic overtime pay?
- What tactics work to defeat certification in collective actions when employees claim a group of employees is entitled to electronic overtime pay?
