Portal To Portal Act: Determining Hours Worked At The Start And End Of The Work Day
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Employees and their counsel continue to pursue class action claims for off-the-clock work and unpaid overtime wages at a fever pitch. Work Time Issues at the Start and End of the Work Day
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.
Now, the U.S. Department of Labor is issuing interpretations that are apparently aimed at helping plaintiffs in these matters. One area upon which plaintiffs have focused is when employers must pay employees at the beginning and end of the work day - they have pursued claims for time working at home, commuting between home and work, 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.
General Requirements of the Fair Labor Standards Act and Similar State Wage and Hour Laws
Time Recording Issues That Complicate Class Wage Claims
- Work at Home
- Commuting and Travel Time
- Security Screening
- Clothes Changing, and Donning and Doffing
- Waiting and Walking Time
- Pass-Down Time and Employee Discussions
- Computers, Equipment and Tools
What Can an Employer Do to Minimize the Risks?About The Presenters
- The Need for Accurate Records
- The Use of Time Rounding Systems
- The Impact of Attendance Policies
Patrick M. Madden
Mark A. Shank
- Partner at K&L Gates LLP, former co-chair of the firm's international Labor Employment and Class Action practice groups, currently leads the firm's wage and hour class action practice
- Advises employers on labor and employment issues, including 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 lawsuits at the state and federal levels
- Worked on more than a hundred 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’s Leading Lawyers for Business, a Super Lawyer in Washington Law & Politics, one of the 29 Washington State litigation stars 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.A. degree, Pacific Lutheran University
- Labor and employment partner at Gruber Hurst Elrod Johansen Hail Shank LLP
- Advises employers on wage and hour payment and compliance, compensation plan design and executive compensation; assists employers responding to agency investigations; and represents employers in wage and hour, and discrimination
- Named one of Texas’ Top 100 Lawyers, one of Dallas’ Top 100 Lawyers and a Texas Super Lawyer; and listed in Best Lawyers Annual Guide to Labor and Employment Law, Corporate Counsel 2008, Best Lawyers in Dallas D Magazine, Best Lawyers in America, The World’s Leading Lawyers and America’s Leading Business Lawyers Chambers USA
- Fellow in the American Board of Trial Advocates, former president of the Dallas Bar Association, former chair of the Labor and Employment Section of the State Bar of Texas and former chair of the Labor and Employment Law Section of the Dallas Bar Association
- LL.M. degree, Southern Methodist University; J.D. degree, Missouri University; undergraduate degree, Missouri State University
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