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OnDemand Course

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 2016 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, 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.

Runtime: 88 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction and Opening Remarks

  • Nonexempt Employees
  • Definition of Hours Worked
  • Issues Arise as to What Time Is on the Clock and Compensable
  • Issues Arise as to What Forms of Compensation Must Be Included in Regular Rate of Pay

Recent Case Law Developments

  • When Does the Compensable Work Day Begin?
  • Off-Duty Use of Cell Phones
  • Security Screenings
  • Meal and Rest Break Issues
  • Time Spent Performing Extra-Shift Activities
  • On-Call Time

Regular Rate of Pay

  • Blended Rate Issues
  • Paid Lunches and Other Perks
  • Health Care Entities: 14-Day Work Period

Defending Off-The-Clock Claims (Collective Actions)

  • Picking off the Lead Plaintiff
  • The Blitz - Getting Declarations From as Many People as Possible to Refute Claims
  • Angle for Heightened Certification Standard
  • Arbitration Agreements
  • Use of Expert Evidence
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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on March 21, 2016.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
Stanley Weiner

Stanley Weiner

Jones Day

  • Partner in the Jones Day’s labor & employment practice group in Dallas, Texas
  • Extensive wage and hour litigation practice, including defense of complex class, collective, and multiplaintiff actions
  • Creative, client-centered approach
  • Successfully defended over a dozen off-the-clock collective actions for Verizon Wireless
  • Achieved victory for CITGO at the trial and appellate court level where the trial court dismissed with prejudice the claims of all 26 plaintiffs who alleged unpaid overtime and awarded costs to CITGO
  • 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 store managers
  • Defeated class certification in California federal court for Verizon Wireless for a case in which plaintiffs claimed unpaid overtime
  • Successfully defended nationwide off-the-clock action for JP Morgan Chase
  • Has been consistently recognized as one of the top labor and employment lawyer in the United States by Chambers US, Legal 500 USA, Best Lawyers in America, Lawdragon, Ohio Super Lawyers, and BTI Consulting Group
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 396788
Published 2016
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