Navigating Gap-Time Claims: Wage and hour compliance when federal law and state law diverge

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.

This course is co-sponsored with myLawCLE.

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

Closed-captioning available