The Oregon Biz Report - Business News from Oregon

Read about accutane journal moderate acne here

Lawsuit: Overtime pay for after-hours cell calls, emails

August 13, 2009

This lawsuit could have a huge impact on tech savvy Oregon employees.  A paycheck may be waiting for you.
By Oregon Business Report

You’re on vacation; you take your work issued phone with you.  You want to see how things are going, so you check your email.  You want to do it not expecting to be paid but just for piece of mind so you have an idea what you’re facing when you go back to work.

You may end up being paid for you time.  According to the federal Fair Labor Standards Act (FLSA), hourly non exempt employees must be paid for work performed “off the clock,” even if the work is voluntary.  Passed in 1938 the Act did not foresee a world with smart phones, the internet and technology that blurs the line between work and leisure.

T-Mobile USA Inc. was sued last month by three current and former employees, claiming they were required to use company-issued smart phones to respond to work messages after hours without pay.

T-Mobile is not the first company to run into problems with the FLSA.  In 2007, WalMart reached a $33 million settlement with the Department of Labor in a case that involved uncompensated overtime hours.  The focus of that case was around “vulnerable times,” time before and after shift, time during meal periods and while employees were attending staff meetings and compensable training sessions.

Hours worked “off the clock” include all the time during which an employee is required or allowed to perform work for an employer, regardless of where the work is done, whether on the employer’s premises, at a designated work place, at home or at some other location. For employers having an “off the clock” policy is not enough.  The employer has the power to enforce the policy and must make every effort to do so.

The FLSA “off the clock” rules apply to covered, nonexempt employees.  Some employees like managers and highly compensated employees are not subject to the rule.

  
Print This Post Print This Post    Email This Post Email This Post

Discuss this article

no comments yet

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent Articles

Press Releases



Top Business News

 

Top Women's News

 

Top Natural Resource News

 

Top Faith News

 

Copyright © 2016, OregonReport. All Rights Reserved. | Terms of Use - Copyright - Legal Policy | Contact Oregon Report

Stay Tuned...

Stay up to date with the latest political news and commentary from Oregon Business Report through daily email updates:

Delivered by FeedBurner

Prefer another subscription option? Subscribe to our RSS Feed, become a fan on Facebook, or follow us on Twitter.

RSS Twitter Facebook

No Thanks (close this box)