Q. We recently gave some of our hourly employees smartphones so they could be available when they are not at the workplace. Do we need to worry about wage-and-hour issues stemming from their use of these phones?
A. Failing to pay employees for off-the-clock work is one of the more common violations of federal and state wage-and-hour laws.’ use of smartphones and BlackBerrys (as well as online email access from remote locations) has increased worker productivity. However, it has also substantially increased the risk of off-the-clock-work violations.
It is not unlawful under federal or state law for nonexempt employees to perform these activities outside their normally scheduled hours. What is unlawful is for nonexempt employees to perform these activities without the time being properly recorded and paid in accordance with federal and state minimum wage and.
De minimis rule
Employers may be t...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When in doubt, print it out: Don't change policy via e-mail
- Whistleblower Act doesn't always require providing written notice to employer
- California Supreme Court to weigh class-action waivers
- Organized labor at your doorstep? Don't grill employees about their union support