The Surge in Litigation and Settlements Involving Unpaid Time for Pre/Post Shift Activities (Booting Up, Logging Off, Security Screenings) and Alternative Working Arrangements

January 29, 2015 2:10pm

Patrick F. Hulla

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Nathan D. Woods Ph.D.

Edgeworth Economics

Jennifer M. Trulock

Baker Botts LLP

  • The latest class claims being brought based on wages owed for pre and post-shift activities
  • Spotlight on class claims alleging that time spent in pre or post-shift security screenings is compensable
    • An examination of the latest cases
    • What is the Supreme Court saying about this?
  • Latest case law and strategies in defending and managing claims involving:
    • employees who work in “call centers”
    • employees who place/receive phone calls to or from customers or other users
    • computer-based office workers
    • insurance adjusters who log on to laptops when they arrive at a claim investigation site
    • opening on-line reference files, applications
    • post shift on-line documenting (after last call)
    • pre/post shift meetings
  • In the above situations, when is class certification/conditional cert granted and denied?
    • Using recent dismissals, summary judgment grants/denials, and settlements as guidance
    • The “similarly situated” requirement