Question: How can an employer reduce its exposure to claims for off-the-clock work if employees use their own electronic devices for business purposes?
Answer: This is the smartphone problem. Employers must pay for all work performed by nonexempts. But that doesn’t matter. You must control nonexempts by insisting that they don’t perform work that you don’t want performed. This is a discipline issue. Enforce company policies that prohibit off-the-clock work and keep good records.
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