Off-the-Clock Wage & Hour Litigation: New Concerns Brought About by a 24/7 Work Force

January 31, 2011 at 2:30pm
American Conference Institute: Wage & Hour Claims and Class Actions
Hyatt RegencyMiami, FL

In today’s society, employees are constantly available. Through email, Blackberries and laptops, workforces are connected 24/7. Although employers may benefit from constant accessibility, risks often offset the benefits. As businesses are under great pressure to do more while expending fewer resources, the 24/7 workplace creates a number of important questions. How can businesses prevent their employees from working “off the clock?” With the ability to trace employees’ technological footsteps, are employers on notice of, and required to pay for, overtime worked beyond employees’ scheduled hours worked?

This session will answer these and other questions created by the 21st century workplace, and provide strategies for implementing and maintaining policies and procedures to prevent issues associated with unpaid overtime.


  • The dangers of “Blackberry claims:”
    • What companies can do to ensure their nonexempt employees do not conduct business off the clock
    • Weighing the benefits of nonexempt employees having mobile devices against potential liability
  • The latest on donningand doffing and commuting wageand hour suits
  • The growing number of call center off-the-clock claims
  • Proactive measures to reduce the difficulties in proving the company was unaware employees were working off-the-clock:
    • Defending against off-the-clock activity through strict policies forbidding work related mobile activity and other off the clock work
    • Evaluating the benefits of exempt employees having mobile devices outweighs the liability risks
    • Whether “technological footprints” put a company on notice that their employees have worked off-the-clock, and using them to verify or refute claims
  • The latest on meal, rest, and lactation breaks on federal and state levels, including the major impact on healthcare industries:
    • Creating a documented record of employee and supervisor training
    • Requiring nonexempt employees to periodically certify their hours worked
    • The dangers of using “exception time” reporting systems
  • The latest on ERISA claims based upon the alleged failure to pay employees for all hours worked


Mark E. Tabakman
Fox Rothschild LLP

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