In the not-so-distant past, a clear line separated work and nonwork hours for most employees. With the advent of personal digital assistants, e-mail and other mobile technology, however, this line has blurred for many employees. Although this shift brings potentially positive increases in productivity, it also comes with the risk of a new class of wage-and-hour litigation: overtime claims related to the off-hours use of mobile technology.
Overtime claims related to the use of mobile technology are limited to nonexempt employees. When job-related use of mobile technology outside of traditional work hours first began, it was largely limited to “exempt” employees, such as those employed in an executive capacity. Since these employees are not statutorily entitled to receive overtime under the federal Fair Labor Standards Act or applicable state wage-and-hour regulations, their off-hours use of mobile technology did not implicate overtime laws.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]