Jeffrey H. Ruzal, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360, in “Ohio Bill to Nix 'De Minimis' OT Might Be First of Its Kind,” by Mike LaSusa. (Read the full version – subscription required.)

Following is an excerpt:

A bill passed recently by Ohio's state Senate that seeks to nix overtime pay for certain "insubstantial or insignificant" off-the-clock tasks might be the first of others like it across the nation as lawmakers grapple with the increasing prevalence of remote work, experts said.

S.B. 243, which passed Ohio's Republican-controlled Senate on Dec. 9, would lift the requirement for employers in the Buckeye State to pay overtime rates for "activities requiring insubstantial or insignificant periods of time beyond the employee's scheduled working hours," often called "de minimis" work. It was not immediately clear whether workers would be paid straight time for incidental work outside of their shifts. …

Jeff Ruzal, a partner at Epstein Becker Green who advises employers, said that although he had not come across similar legislation in other jurisdictions, he wouldn't be surprised to see moves to clarify the legal requirements around remote work arrangements.

"That doesn't mean that certain states that are more business-friendly in a Biden administration won't try to find creative ways to scale back what's to be expected, [which is] a much more labor-friendly, employee-friendly environment," he said.


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