FLSA, WORKING FROM HOME AND OVERTIME
Last month, on June 24th, I wrote about possible unintended consequences of social networking, and the possible claim for overtime. Now, a recent proposed class action is being pursued against T-Mobile in New York. According to Law.com, non-exempt sales associates and supervisors of T-Mobile were issued smartphones and "were required to review and respond to numerous T-Mobile-related e-mails and text messages both day and night, whether or not they were logged into T-Mobile's computer based timekeeping system." The complaint, filed in federal court in the Eastern District of New York, also alleges that these employees were required to participate in various employment related activities, such as participate in conference calls and receive and make work related telephone calls without getting paid. It is also alleged that employees were required to work off the clock during scheduled meal breaks. Once again, it appears as if technology is moving faster than the law.
Practice Pointers. Employers should have clear policies and guidelines to ensure that all work related time is captured, even if working at home with smartphones or personal computers. The workforce should be trained as to what is and what is not acceptable to the employer in regards to working away from the office: is it permissible? Does overtime need to be approved in advance by supervisors? Who owns the information? Is it confidential? Supervisors should be trained to never instruct non-exempt employees to work off the clock.
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