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Identifying, Preventing and Defending Off-the-Clock Claims

 

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.

Agenda

Faculty

Brian M. Jorgensen

Brian M. Jorgensen

Jones Day

  • Partner with Jones Day
  • Career highlights in wage and hour cases
  • Helped achieve victory in the U.S. Supreme Court for United States Steel Corporation in nationwide “donning and doffing” collective action brought under the FLSA
  • Successfully defended over a dozen off-the-clock collective actions for Verizon Wireless
  • Defeated class certification in California state court in three class actions for Verizon Wireless involving claims for meal and rest break pay, reporting time and split shift premium pay, and unpaid overtime claimed by Verizon Wireless store managers
  • Won summary judgment for OGE Energy in multi-plaintiff FLSA case in which the Plaintiffs claimed they were entitled to overtime compensation for time spent on-call
  • Successfully defended nationwide off-the-clock action for JP Morgan Chase
Natalia O. Delaune

Natalia O. Delaune

Jones Day

  • Partner with Jones Day
  • Extensive wage and hour litigation practice, including defense of complex class and collective actions and representative actions under the Fair Labor Standards Act (FLSA) and California’s Private Attorneys General Act (PAGA)
  • Creative and practical, client-centered approach
  • Regularly advises companies on workforce structuring and compliance with wage and hour laws

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