Don't Let "Smart Phones" Become Lawsuits

Author: Joel W. Baar
Date: 10/22/2008

With more and more employers providing electronic devices ("smart phones") to their employees, the chance of an employee claiming overtime hours for time spent answering emails after hours greatly increases. Overtime-eligible (non-exempt) employees may claim they are entitled to overtime pay when the leash to the office is still attached. The question becomes, is time spent on the phone after hours work time or personal time? If employees are answering work-related emails after hours away from the office, the law may say they are working, and entitled to overtime pay.
Many employers are updating their handbooks to resolve this issue before it becomes an expensive overtime problem. Some solutions:
Have a written policy that states non-exempt workers may only use company-issued devices after work when specifically told to.
Have non-exempt workers leave the device at the office at the end of the work day.
When an employee is asked to use a device after work hours, have him or her keep track of that time on a timesheet.
The general consensus is that any work done on an electronic device after hours that benefits the employer is considered work, and if an employer hasn't asked their employees to keep a record of their time, it puts the employer in a difficult situation to defend.
Review your Employee Handbook; if it doesn't address the issue of electronic device usage after hours, you may want to have it updated.