Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The advent of remote connectivity has fundamentally changed the landscape of the American workplace and increased the potential wage-and-hour risks for employers. Modern technology, such as smartphones and virtual private networks (VPNs), provides many workers with the flexibility to conduct business from anywhere and at any time. A recent study by the Pew Research Center found that 45 percent of American adults own a smartphone, giving them access to email and the Internet at their fingertips on a 24/7 basis. The constant connectivity of today's American workforce could signal the end of the 9-to-5 work day as we know it and correspondingly could create the potential for enormous overtime pay liability for employers.

Productivity Has Costs

While a connected workforce certainly could result in a more productive and focused workforce, it also may become more costly. For many employers, allowing employees to remain connected to their work email during non-working hours could create significant legal risks when those employees are non-exempt workers under the federal Fair Labor Standards Act. The FLSA, like many state wage-and-hour laws, requires employers to pay all non-exempt employees at least the minimum wage for all hours worked. If a non-exempt employee works more than 40 hours in a given work week, the FLSA requires that the employer pay that employee an overtime rate of one-and-a-half times his or her regular hourly rate for all hours worked in excess of 40 for that work week.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.