On Or Off The Clock? How To Ensure You’re Paying Employees For All Hours Worked
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Do we have to pay employees for unauthorized time worked? When is travel time compensable? Is the commute ever part of the work day? Is our on-call policy too restrictive? What are the rules for meals and breaks? Must we pay for training time? What happens when employees check work email at home?
The wage/hour law just gets more and more complicated, doesn’t it? Adding to employers’ woes is the fact that agency enforcement continues to ramp up in this area. If you’re not careful you may find yourself in a world of legal hot water even if your intentions are good.
Here are some recent examples illustrating why you need to pay close attention to wage and hour requirements under federal law:
Join us when Attorneys Stefanie Renaud and John S. Gannon of Skoler, Abbott & Presser, P.C., will provide you with an in-depth briefing on the wage/hour rules that apply to tricky situations like this, so you know when you need to pay workers, and when you don’t.
- A jury sided with workers for a New Mexico oil well driller who claimed they should have been paid for their commute to a well site. (Safety meetings were held while riding with a foreman, and they occasionally did other “work” on the way.)
- Workers for a construction company filed a lawsuit claiming their travel time to and from a job site should be paid, because they are required to report to a certain location at a certain time to get on a bus and travel to a worksite.
- An automobile retailer was sued for failing to pay overtime for hours an employee spent traveling each week to and from automotive auctions
- If you need a brush-up on the rules in this area, you’re not alone.
About Your Presenters
- Strategies for making sure employees are being paid for all time worked (and what “time worked” means in a variety of situations)
- Key tests to determine if travel time is compensable time
- How DOL wage and hour regulations affect your existing workplace travel and compensation policies
- Whether meal and rest breaks are compensable
- The circumstances under which employees must be paid for “donning and doffing” protective gear and required uniforms
- How to properly account for travel between job sites
- How to properly compensate workers for overnight travel and for time spent at training programs, seminars, and conferences
- What changes when employees drive their own vehicles or respond to work-related emergencies
- How laptops and smartphones affect wage and hour requirements
- When telecommuters may be entitled to compensation for working “off the clock” and their travel
- Tips for drafting a legally sound travel pay policy for your organization
- The single most important thing you need to know about handling unauthorized time worked
John S. Gannon, Esq.
Skoler, Abbott & Presser, P.C.
John Gannon has defended employers against claims of discrimination, retaliation, harassment, wrongful termination claims, as well as actions arising under the Family Medical Leave Act and wage & hour law. John also has experience with lawsuits seeking to enforce restrictive covenants and protect trade secrets.
John frequently assists employers in litigation avoidance strategies. He has reviewed numerous employee handbooks and related polices for compliance, as well as employment and non-compete agreements. John has also conducted comprehensive wage & hour and employment practices audits. He regularly counsels employers on compliance with state and federal laws, including the Americans with Disabilities Act, Fair Labor Standards Act, and Occupational Health and Safety Act.
Mr. Gannon is a regular contributor to business publications and to the Massachusetts Employment Law Letter. He also is a frequent speaker on employment-related legal topics for a wide variety of associations and organizations.
Stefanie Renaud, Esq.
Skoler, Abbott & Presser, P.C.,
Stefanie Renaud focuses on labor law and employment litigation. Prior to joining Skoler, Abbott & Presser, Ms. Renaud interned with the Enforcement Division of the Massachusetts Commission Against Discrimination, where she investigated employment discrimination claims and drafted decisions on behalf of the Commission.
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All US States: 1.5
|About The Provider:
||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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|Keywords For This Course:|
wage/hour law, DOL, compensation
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