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Wage and Hour Update: Overtime Concerns With Mobile Devices

 

Understand the liabilities remote access and mobile devices can have on your organization, and avoid wage and hour class action claims.

Employees and their counsel continue to pursue class action claims for off-the-clock work and unpaid overtime wages at a fever pitch. Thousands of wage and hour class actions asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year, and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are staggering. The key to avoiding these claims is strict compliance with the law; however, the laws are antiquated and do not fit well with technological advances. Although allowing employees remote access to computer systems and the use of mobile devices may provide for smoother business operations, this technology presents new challenges as to when employees are engaged in work, how to track and pay for that time, and how to control when such activities occur. Gain an understanding of the nature of these issues and the newest arguments and claims to overtime advanced by plaintiffs' counsel. Learn how you can structure your workplace policies and work environment to minimize the likelihood and success of these 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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