Technology Creating Overtime Concerns

Adjunct Law Prof Blog discusses an interesting article about the "novel issue of whether employee time spent away from the office using technology such as Black Berry devices, cell phones and lap tops could lead to claims that such employees are entitled to overtime pay under the Fair Labor Standards Act of 1938."

It has been our experience that these types of claims in California are not so "novel" and that employers definitely need to have a policy addressing the issue of non-exempt employees utilizing such technology while they are off the clock or away from company premises.  Given the recent increase in the Federal minimum wage, it is likely that employment litigators outside of California will soon become all too familiar with these issues.
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