Taking Care of Business and Working Overtime
Vernon Township, NJ
Employers must compensate employees for “all time worked.” There are however many situations when it is unclear whether the activity engaged in (e.g. travel, on-call) is, or has been converted to, working hours which must then be added in to weekly totals to determine if overtime is warranted. These are the so-called off-the-clock working time cases, more and more of which are lodged every year, most of them as class actions. The latest variation on this theme is lawsuits seeking compensation for employee off-duty usage of their emails and computers and PDAs.
This seminar will explore the issues revolving around preliminary and postliminary activities. Attendees will learn to recognize flash points and potential problems in their compensation practices related to work hours. On allegations involving unpaid “working time,” employers are often caught unawares because they do not have a strong sense of when certain pre-shift and post-shift activities may rise to the level of working time. There will be an emphasis on the policies and safeguards that can and should be implemented to avoid possible problems flaring up into class action lawsuits.