Defending and Managing the Latest Off-the-Clock Claims Involving the Use of Smartphones/Mobile Devices Outside of Scheduled Hours and Working Remotely

January 29, 2015 3:10pm

John J. Myers

Eckert Seamans Cherin & Mellott, LLC

Paul F. White Ph.D.

Resolution Economics

Linda M. Doyle

McDermott Will & Emery

  • Latest FLSA and state wage & hour case law involving:
    • Mobile devices and emails (BlackBerry, smartphones, VPN)
    • Telephone calls (texts): How are text messages interpreted?; identifying business versus personal calls and texts?; employee to employee calls
    • Employees giving email and/or cell phone to customers or potential customers
    • Computer network log-in data
    • VPN or Virtual Desktop
    • Transaction data
    • GPS Data / Work order data
    • Work assignment upload and downloading data
  • Innovative defense strategies to claims involving uncompensated, work-related use of smartphones and other mobile devices by non-exempt employees outside their working hours
    • How to defeat the similarly situated requirement of the collective action certification process
    • Winning the issue of whether putative class members are similarly situated for purposes of the class and collective action certification process
    • Using cases involving on-call time claims as guidance