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Live Webinar

90-minute live streaming program
  • November 19
  • 1:00 - 2:30 pm EST

Also available as:

OnDemand Course

Identifying, Preventing and Defending Off-the-Clock Claims

November 19

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.

Learning Objectives

  • You will be able to discuss when the compensable workday begin.
  • You will be able to identify meal and rest break issues.
  • You will be able to recognize ancillary issues, such as pay stub compliance.
  • You will be able to review off-the-clock claims.

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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
  • 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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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.

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • 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.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Business Law 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     

Who should attend?

This live webinar is designed for human resource managers, payroll professionals, benefits managers, controllers, CFOs, accountants, personnel managers, compensation managers, business owners and managers, and attorneys.

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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

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
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
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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
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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: 407885
Published 2016, 2020
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