The Fair Labor Standards Act (FLSA) mandates that employers must pay their employees at least the minimum wage and provide overtime compensation for hours worked beyond 40 in a workweek. This includes paying one and one-half times the regular rate of pay for overtime hours. However, the FLSA does not address non-overtime wages in excess of the minimum wage, often called “gap-time” or “straight time” wages. In contrast, a growing number of states have adopted statutes that govern non-overtime wage claims and impose substantial penalties for non-compliance. Navigating wage and hour laws involves grappling with key distinctions between federal and state regulations as to straight-time or gap-time wage claims. To limit exposure to "off the clock" wage claims and disputes over how the pay rate should be calculated and paid, employers should adopt best practices, including meticulous record-keeping, clear standards governing what compensation should and should not be factored into hourly pay rates and policies that facilitate accurate work hours reporting. Additionally, strategic planning for disputes, such as implementing arbitration agreements and class action waivers, can play an important role in managing risk.
Key topics to be discussed:
Key differences between federal and state wage and hour laws on claims for non-overtime “gap time” wages
Understanding the elements of pay rates used in wage claims
Best practices for limiting exposure to claims for “off the clock” wages
Planning for disputes, including arbitration agreements and class action waivers
Date / Time: December 14, 2023
Matthew Radler | Honigman LLP
Matt Radler is a partner in Honigman LLP’s Labor & Employment practice group who focuses his practice on wage and hour and restrictive covenant matters. In addition to counseling clients on compliance with a multitude of federal, state and local employment laws, Matt defends employers in single-plaintiff and class and collective actions before state and federal courts, before government agencies and in arbitration. A graduate of Northwestern University and the George Washington University Law School, Matt joined Honigman in 2015 after initially representing employees as a plaintiff’s side attorney from 2013 to 2015 at a Washington, D.C. litigation firm.
I. Key differences between federal and state wage and hour laws on claims for non-overtime “gap time” wages | 11:00am – 11:20am
II. Understanding the elements of pay rates used in wage claims | 11:20am – 11:40am
III. Best practices for limiting exposure to claims for “off the clock” wages | 11:40am – 12:00pm
Break | 12:00pm – 12:10pm
IV. Planning for disputes, including arbitration agreements and class action waivers | 12:10pm – 12:40pm