Navigating Wage & Hour Issues in the 24/7 Workplace: A Guide to Handling Overtime Pay Claims for After Hours Use of Electronic Devices and Other FLSA Working Time Issues


Re-Broadcast on May 12, 2017

Today’s business world is powered by employees whose smartphones and tablets enable constant and seamless access to the workplace. While employees now have the ability to work anytime, anywhere, the same connectivity opens up employers to the very real threat of liability. This program will serve as a practical guide for employment counsel in avoiding and defending overtime pay claims that arise as a result of work performed outside of the workplace and after work hours via the use of electronic devices. We’ll discuss Department of Labor developments in this area, assess current case law as it applies to claims of electronic overtime pay, cover fact situations involving electronic devices and working time issues, and will provide practical strategies for effectively defending against individual and collective actions and avoiding claims. Time permitting, Mark will address other flashpoint issues under the Fair Labor Standards Act on the various meanings of “working time” (e.g. training time, travel time, etc.).

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

  • Discussion of the latest Department of Labor developments impacting employee use of electronic devices after hours
  • Discuss how the continuous connectivity of employees affect the definition of working time and compensable time
  • Discuss the defenses to electronic overtime pay claims
  • Best practices to avoid claims of electronic overtime pay
  • Effective strategies to defeat certification in collective actions when employees claim a group of employees are entitled to electronic overtime pay
  • Time permitting: Discuss flashpoint issues under the Fair Labor Standards Act on the various meanings of “working time” (e.g. training time, travel time, etc.)

Date / Time: May 12, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

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  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



tabakman_markMark Tabakman, Esq.

A partner in Fox Rothschild’s Labor & Employment Department, Mark’s practice emphasizes all aspects of wage and hour law, including the representation of more than 200 clients before the United States and many state Departments of Labor on misclassification (i.e., white collar exemptions, independent contractor), working time, construction industry/Davis Bacon/prevailing wage cases and other issues. He is a frequent guest speaker on wage and hour and employment law issues and has appeared on local and national television programs commenting on these matters. Mark publishes Fox Rothschild’s Wage & Hour — Developments & Highlights blog to provide the latest information and his observations on new developments in wage and hour law, such as class actions, exemption/misclassification and working time issues. Admitted to practice in New Jersey, Mark earned his J.D. from Rutgers University School of Law, and his B.S. from Cornell University.

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