After-Hours Use of Electronic Devices: Avoiding and Defending Overtime Pay Claims
Defining Working Time, Leveraging Defense Tactics, Defeating Class Certification, Proactively Avoiding Claims
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- 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
Benefits
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?
Faculty
Bran Noonan
Partner
Akerman
Mr. Noonan is an accomplished litigator and strategic adviser dedicated to protecting the interests of businesses and... | Read More
Mr. Noonan is an accomplished litigator and strategic adviser dedicated to protecting the interests of businesses and helping them navigate complex litigation and evaluate risk. With respect to his preventative and counseling practice, Mr. Noonan routinely works with clients to ensure compliance with federal, state and local employment laws, and reduce the risks of litigation. His work includes, among other areas: policy and procedure implementation and roll-outs; terminations and reductions in force; internal investigations and employee discipline; reasonable accommodations, benefits, and leave of absence related issues; wage and hour compliance audits; and employee and management training. His transactional experience includes auditing and preparing legally required and best practice employee and operational policies, handbooks, and forms.
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Sonya Rosenberg
Partner
Neal Gerber & Eisenberg
Ms. Rosenberg counsels companies and organizations on various employee-related legal issues that arise through the many... | Read More
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.
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