HR: PDA's and Overtime
Let’s face it- we live in a world where for many- the work day doesn’t end at 5 o’clock. With technology such as Blackberry’s, I-Phones and other PDA devices, many employers send and receive work related emails and text messages way beyond what would be considered normal working hours.
Earlier this year, a group of Chicago Police Sergeants brought this issue to the courts. They filed a class action lawsuit against the Chicago Police Department for violations of the Fair Labor Standards Act (FLSA). The officers claim the police department required them to be on call 24 hours a day, 7 days a week so they could access work related emails, voice mails and text messages. The suit claims the department “willfully violated the FLSA Act by intentionally failing and refusing to pay the plaintiffs compensation due to them under the FLSA for after hours Blackberry use”.
Unfortunately, the Chicago Police Department is not the only recipient of a class action suit of this type. T Mobile, AT& T Mobility and CB Richard Ellis were also subject to similar suits.
Basically the basis of these lawsuits comes down to whether an employee is classified as exempt or non exempt. Under the FLSA, all nonexempt employees must be paid at a rate of time and a half for all hours worked in excess of 40 hours per week. Exempt employees make the same salaries no matter how many hours they work during a week. The FLSA does not apply to executive, administrative and professional employees. (This would generally exempt administrators and supervisors.)
Clearly, there is a tremendous benefit in being able to access work remotely. It’s important though in today’s environment for companies to be aware of overtime pay requirements. In order for businesses to avoid becoming targets of such lawsuits, they should review the after hour communication polices they impose on non exempt employees. An audit of the non exempt positions could help avoid claims in the future.