Wage and Hour Claims in Telecommuting and Alternative Work Arrangements: Avoiding, Defending and Settling FLSA and State Law Disputes

May 25, 2010
Strafford Publications
CLE webinar/teleconference

1 p.m. - 2:30 p.m.

This CLE webinar will provide guidance for employment counsel on leveraging the benefits of flexible work arrangements while minimizing potentially costly legal risks. The panel will offer best practices for avoiding, defending and settling FLSA and state claims arising from alternative work schedules.


Employers have responded positively to workers' requests for telecommuting and alternative work schedules but are seeing related wage and hour class action lawsuits soar. While flexible work schedules can provide benefits to employers and employees, they create unique legal challenges.

Non-exempt employees have filed individual, collective and class action lawsuits alleging failure to pay for all hours worked. The Fair Labor Standards Act (FLSA) does not address telecommuting and other flexible arrangements, creating grey areas regarding compensable work time.

The wage and hour risks associated with alternative work arrangements demand that employers and their counsel re-examine all policies, procedures and practices regarding these arrangements.

Listen as our panel of employment attorneys reviews how to leverage the benefits of telecommuting and other flexible work arrangements while managing the potentially costly legal risks—and strategies for avoiding, defending and settling FLSA and state claims that can arise from alternative work schedules.


The panel will review these and other key questions:

  • What wage and hour issues arise under the FLSA and state wage laws when managing employees working flexible schedules?
  • What are the best practices for avoiding FLSA and state violations with workers allowed an alternative work arrangement?
  • What strategies have been effective in defending FLSA and state lawsuits?


Daniel J. McCoy, Partner, Fenwick & West
Wayne E. Pinkstone, Partner