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Identifying, Preventing And Defending Off The Clock Claims

Webinar: ID# 1020359
Recorded CD
Qty:
About This Course:
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.

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
About The Presenters

Brian M. Jorgensen
  • Partner with Jones Day
  • Career highlights in wage and hour cases
  • Achieved 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
  • Successfully defended Idearc Media (now Dex Media) in multistate class and collective action in which plaintiffs allege violations of state and federal law for alleged off the clock work
  • Successfully defended nationwide off the clock action for JP Morgan Chase
Stanley Weiner
  • Partner with Jones Day
  • Career highlights in wage and hour cases
  • Successfully defended over a dozen off the clock collective actions for Verizon Wireless
  • Achieved victory in the trial court and the U.S. Court of Appeals for the Fifth Circuit for CITGO in a case where the court dismissed with prejudice the claims of all 26 plaintiffs who alleged unpaid overtime and awarding 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 Verizon Wireless store managers
  • Defeated class certification for Verizon in federal court in California for a case in which plaintiffs claimed unpaid overtime
  • Successfully defended nationwide off the clock action for JP Morgan Chase
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Identifying, Preventing And Defending Off The Clock Claims
Available on CD format
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