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Portal-to-Portal Act: Determining Hours Worked, by Lorman

Portal-to-Portal Act: Determining Hours Worked is brought to you by Lorman

Be aware of work time issues and avoid possible wage and hour claims.

Employees and their counsel continue at a fever pitch to pursue class action claims for off-the-clock work and unpaid overtime wages. Thousands of wage and hour class actions asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year. The costs of defending these matters and the damages claimed and paid are staggering. Now, the U.S. Department of Labor is issuing interpretations aimed at helping plaintiffs in these matters. One area which plaintiffs have focused is when employers must pay employees at the beginning and end of the workday. They have pursued claims for time working at home, commuting, changing clothes, putting on equipment, waiting to punch in and out, walking to and from their work stations, talking to co-workers, turning on and off computers and other equipment, and waiting for computers to boot up or shut down. Understand the nature of these claims and the newest arguments advanced by plaintiffs’ counsel. Learn how you can structure your work environment to minimize the likelihood and success of these pre and post-work claims.

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