In the time it takes you to read today’s New York Law Journal, how oftenwill you check your BlackBerry? Answer your cell phone? Perhaps youwill not know the answer because the use of those devices has become socommonplace that it is second nature. But, for employers, the failure to accountfor employees’ time using BlackBerry devices, cell phones and laptopscould lead to significant overtime pay claims.

Overtime pay, at its core, is basedon “time worked.” Regular use forwork of laptops, cell phones or personaldigital assistants, also knownas PDAs, such as BlackBerry devicesand Palm handhelds, would undoubtedlybe classified as time workedunder applicable regulations governingovertime. In addition, federal andstate laws require that an employerkeep records of all time worked forthose employees who are entitled toovertime.

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