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Portal-to-Portal Act: Determining Hours Worked

 

Be aware of work time issues and avoid possible wage and hour claims.

Employees and their counsel continue at a fever pitch to pursue class action claims for off-the-clock work and unpaid overtime wages. Thousands of wage and hour class actions asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year. The costs of defending these matters and the damages claimed and paid are staggering. Now, the U.S. Department of Labor is issuing interpretations aimed at helping plaintiffs in these matters. One area which plaintiffs have focused is when employers must pay employees at the beginning and end of the workday. They have pursued claims for time working at home, commuting, changing clothes, putting on equipment, waiting to punch in and out, walking to and from their work stations, talking to co-workers, turning on and off computers and other equipment, and waiting for computers to boot up or shut down. Understand the nature of these claims and the newest arguments advanced by plaintiffs' counsel. Learn how you can structure your work environment to minimize the likelihood and success of these pre and post-work claims.

Agenda

Faculty

Patrick M. Madden

Patrick M. Madden

K&L Gates LLP

  • Partner and former co-chair of the Labor and Employment and Class Action Practice Groups at K&L Gates LLP
  • Advises employers on wage and hour payment, and compliance and compensation plan design
  • Assists employers responding to agency investigations; and represents employers in wage and hour, discrimination, and other employment lawsuits at the state and federal levels
  • Worked on hundreds of state, regional, and national wage and hour class actions, including lawsuits involving wage calculation and payment issues, entitlement to overtime and benefits, off-the-clock claims, challenges to exempt status, and claims to employee status
  • Listed as a top labor and employment attorney in The Best Lawyers in America and Chambers USA: America‚Äôs Leading Lawyers for Business, a super lawyer in Washington Law & Politics, a Washington State litigation star by Benchmark Litigation, and a leading employment lawyer in Seattle Business and Seattle Metropolitan magazines
  • Frequently speaks, writes, and testifies on wage and hour and wage payment issues
  • J.D. degree, with highest honors, University of Washington School of Law, where he was managing editor of the Washington Law Review; B.F.A. degree, Pacific Lutheran University
  • Can be contacted at [email protected]

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