Joe Tilson Discusses the Release of the Department of Labor's (DOL) Overtime Rule

Thursday, June 2, 2016

Joe Tilson, chair of Cozen O'Connor's Labor & Employment department and chair-elect of the Wage and Hour Defense Institute, discusses downstream issues associated with the May 18 release of the Department of Labor's (DOL) Overtime Rule in the Daily Labor Report. The DOL's Wage and Hour Division (WHD) plans to solicit information from stakeholders this summer on the impact of devices such as smartphones and laptops on overtime-eligible workers' hours. An RFI is expected from the WHD in July to seek clarification from employers, worker advocates, unions and technology companies on where the line is crossed from de minimis use of such devices to compensable work. "There's quite a bit of confusion and conflict in the case law on the standard for determining what time is de minimis," said Joe. "I believe it would be helpful for the DOL to come up with a clearer statement of the circumstances under which checking emails would amount to a de minimis activity".   

To read the article, click here.


Joseph E. Tilson

Co-Chair, Labor & Employment Department

(312) 474-7880


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