Greenberg Traurig’s Porpoise Evans Speaks at Conference

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Discusses Increase in Legal Claims From Employee Use of Mobile Devices and Remote Work Access

Porpoise Evans, a shareholder at the Miami office of the international law firm Greenberg Traurig, LLP, served on a recent panel discussion titled, “Time in a Virtual Workplace: ‘Off-the-Clock’ Claims Arising From Employee Use of Mobile Devices and Remote Work Access,” at the American Conference Institute’s 20th National Forum on Wage & Hour Claims and Class Actions conference in downtown Miami.

The national conference covered a broad range of topics related to wage and hour class action lawsuits, including best practices for multidistrict litigation, class certification issues, compliance with new federal and state wage hour regulations, preparing for audits, and using settlements and mediation. Evans’ panel addressed the challenges related to employee “off-the-clock” legal claims and provided practical guidance for employers, including:

Tips for avoiding off-the-clock claims related to employee use of smartphones in “bring your own device to work” environments

Challenges of defending against claims

Strategies for defeating class certification of cases

Ways to ensure that non-exempt employees do not conduct business off-the-clock

Evaluating the risks and rewards of providing non-exempt employees with company-owned mobile devices

“As conducting business increasingly becomes an around-the-clock endeavor, and more employees are using their personal mobile devices in the course of their work, employers are facing a growing set of legal issues, liabilities, and risks for wage-and-hour claims,” Evans said. “The claims are often filed by disgruntled employees who claim to have been working ‘off-the-clock’ for years without adequate compensation.”

Evans added: “Employers often have a hard time defending themselves in these cases because it’s difficult to determine how much of the employees’ time spent on phone calls and emails on their personal devices was related to company business, especially after years have passed. It is important for employers to work with their legal counsel to develop the right policies and procedures to protect themselves.”

At Greenberg Traurig, Evans focuses his law practice on counseling public and private companies and representing their interests in connection with government investigations and legal disputes, especially as they relate to labor and employment issues.

About the Greenberg Traurig Miami office
The Greenberg Traurig Miami office, founded in 1967 by attorneys with a business-focused approach and a tradition of community service, has actively supported and helped drive South Florida's growth as an international financial and cultural center and gateway between the United States, Latin America, Europe, the Middle East and Asia. The office is known for its “Miami Roots, Global Reach.” The attorneys advise local, national and international companies in numerous industries and sectors, including aviation, entertainment, financial institutions, health care, international trade and customs, manufacturing, real estate, retail and technology. In Florida, Greenberg Traurig serves clients from across seven offices in Boca Raton, Fort Lauderdale, Miami, Orlando, Tampa, Tallahassee and West Palm Beach.

About Greenberg Traurig, LLP
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 1750 attorneys serving clients from 36 offices in the United States, Latin America, Europe, the Middle East and Asia. Greenberg Traurig is among the Top 10 law firms on The National Law Journal's 2013 NLJ 350, an annual ranking of the largest firms in the U.S. For additional information, please visit

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Dawn Moynihan
Greenberg Traurig LLP
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