“Off-the-clock” work has become an ever increasing concern for employers in the past few years as the use of smartphones has permeated into all areas of our lives, including work. The U.S. Department of Labor’s release of its Final Rule revising the “white collar” exemptions of the Fair Labor Standards Act (“FLSA”) has only served to make this issue even more significant.
As reported in this blog, the Final Rule doubles the minimum salary threshold level for an employee to qualify as exempt from overtime and thus will dramatically increase the number of workers who will now receive overtime pay, resulting in a significant additional financial burden for employers. Thus, as an employer, the last thing you want to do now is to inadvertently increase your overtime costs even more. As a result, employers need to seriously consider reviewing their current practices regarding employee use of smartphones during non-working hours. Continue reading