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.
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Why Lorman?
Over 37 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
- Nonexempt Employees
- Definition of Hours Worked
- Issues Arise as to What Time Is On-the-Clock and Compensable
- Considerations During COVID-19
- Remote Work and the Reasonable Diligence Standard for Tracking Hours Worked
- Donning and Doffing PPE
- Temperature and Symptom Screening
- Issues Arise as to What Forms of Compensation Must Be Included in Regular Rate
Recent Case Law Developments
- When Does the Compensable Workday Begin?
- Booting up Computers
- Off-Duty Use of Cell Phones
- Security Screenings
- Meal and Rest Break Issues
- Time Spent Performing Extra-Shift Activities
- On-Call Time
- De Minimis Doctrine
Regular Rate of Pay
- Reg Changes
- Issues With Bonuses and Commissions
- Ancillary Issues, Such as Pay Stub Compliance
Defending Off-The-Clock Claims (Collective Actions)
- Initial Strategic Considerations
- The Blitz - Getting Declarations From as Many People as Possible to Refute Claims
- Angle for Heightened Certification Standard
- Arbitration Agreements
- Mass Arbitrations
- Use of Expert Evidence
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Credit
More Program Information
Why Lorman?
Over 37 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 November 19, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 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
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
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
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Why Lorman?
Over 37 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.
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