Understanding FLSA’s Compensable Time Requirements for Non – Exempt Employees

Staci Ketay Rotman is a partner at the law firm of Franczek Radelet, co-chair of the firm’s Wage and Hour Practice, and co-author of the firm’s Wage & Hour Insights blog (www.wagehourinsights.com). Staci represents private and public employers in all aspects of labor and employment law. She has tried employment cases before federal courts, and represents clients before federal and state courts and administrative agencies, as well as in arbitration proceedings. She advises and represents employers on the Fair Labor Standards Act (FLSA) and related state statutes, ranging from worker classification audits to claims alleging unpaid wages.

Staci represents employers in a wide variety of industries, including manufacturing, financial services, retail, hospitality and hotels, utilities, hospitals and nursing homes, and municipalities. Staci has authored a number of articles on wage and hour topics, including co-authoring “Pharmaceutical Sales Reps Join White-Collar Quest for Overtime Pay,” BNA’s Daily Labor Report (September 28, 2011) and co-authoring “Non-tipped Duties Cannot Exceed 20 Percent of Work,” Hospitality Law (July 2011). She earned her J.D., with honors, from Chicago-Kent College of Law and her B.A. from the University of Illinois, Champaign-Urbana.

Loren Gesinsky is a partner in the Labor & Employment Department in the New York office of Seyfarth Shaw LLP, and a member of the Wage & Hour Practice Group. Mr. Gesinsky represents employers before state and federal courts, administrative agencies, arbitrators, mediators, and other tribunals regarding all legal issues relating to the workplace, including wage and hour collective and class actions, discrimination, harassment, wrongful discharge, breach of contract, non-compete, other restrictive covenants and trade secrets. He also counsels employers and negotiates agreements regarding these issues, with particular attention on strategies to avoid litigation. Additionally, he participated actively in the United States Chamber of Commerce task force that developed comments on the United States Department of Labor’s proposed regulatory changes to the FLSA’s white-collar exemptions.

Mr. Gesinsky has over two decades of experience working as a labor and employment attorney. He developed an especially broad foundation for his representation of employers by previously practicing plaintiff’s employment law and commercial litigation. Mr. Gesinsky has successfully tried, arbitrated, mediated, and otherwise advocated in numerous matters involving multiple and single plaintiffs. Recognition of Mr. Gesinsky’s professional accomplishments includes his election as a Fellow of the College of Labor and Employment Attorneys, listing in Best Lawyers and Super Lawyers, appointments to Chair the Committee on Legal Issues Affecting People With Disabilities and the State Affairs Committee of the New York City Bar Association, and selection for mayoral appointment to the New York City Commission on Human Rights. He is a frequent author and presenter on employment-law issues.

Dr. Becker has applied her expertise in economics, statistics and the management of complex databases to a broad range of employment disputes for nearly 15 years. She has been retained in numerous discrimination and wage and hour class actions to address issues of class certification, liability, and damages. She has testified in state, federal and bankruptcy court and before arbitration panels, working for both defendants and plaintiffs. Dr. Becker also assists clients with self reviews of employment practices, implementation of remedial action, and negotiation of settlements.

In addition to her employment-related consulting, Dr. Becker has evaluated claims of discrimination in lending, education, and law enforcement. She has assessed economic losses from breach of contract, breach of fiduciary responsibility, unjust enrichment, and fraud. She also has opined on statistical questions and data integrity issues in warranty claims disputes and consumer class actions.

Dr. Becker joined NERA from Huron Consulting Group, where she was a Managing Director. Previously, she was Managing Principal at Analysis Group, Inc. and Director of the Employment Economics practice at PricewaterhouseCoopers LLP. Dr. Becker also held an appointment as Assistant Professor of Economics at Clemson University.

Dr. Becker’s research on labor economics and statistics has been presented at regional, national and international professional conferences, and has been published in peer-reviewed journals. Dr. Becker holds a PhD in applied economics and an MA in economics from Clemson University, and a BA in economics and political science from the University of Wisconsin, Madison.