Work Hours Litigation
21st century business and industry are burdened by a thicket of outdated Federal and State regulations and statutes on Hours of Service, Duty-Rest Rules, Working Time Directives, Extended Work Hours and Overtime, often dating from the early 1900’s when business conditions were very different.
Both the science of human fatigue, and the technology of business practices in a 24/7 global economy have advanced considerably, making many of these laws and regulations redundant, so that they add costs and restrict business flexibility, but do little to legitimately promote employee safety, health and welfare. Today, human fatigue is at the crux of almost any discussion involving work hours litigation.
Even recently introduced work hours regulations may include cumbersome, “one size fits all” rules that do not reflect the operational issues of specific businesses, or the current science of human fatigue. There are often considerable differences between the various types of business and logistics operations within the same industry, but all are governed by the same law or regulation. As a result employees may find themselves faced by the impossible choice of operating either illegally and safe, or legally but unsafe.
If this is your situation:
- You are defending a lawsuit where work hours (e.g. Hours of Service, Duty-Rest Rules, Working Time Directives, Extended Work Hours and Overtime) are at issue
- An employee is making a workers’ compensation claim based on working hours
How CIRCADIAN® can help you:
CIRCADIAN Expert Services has world-class scientific expertise on human performance factors and fatigue. We intimately understand the realities of extended hours operations in transportation (road, rail, marine, air) and other 24/7 businesses (utilities, chemical, oil, manufacturing, communications). We have an outstanding track record in North America and Europe. We support:
- Discovery phase consultation, ensuring the best possible materials to allege or dispute a claim involving work hours
- Offer critique of opposing expert witness testimony on extended work hours and overtime issues
- Consulting and expert witness testimony in lawsuits in Federal and State courts
- Appeals and Hearings before administrative tribunals
- Providing expert witness testimony in government hearings on Regulatory Reform
- Expert witness support in mediations and negotiations