Out-Of-Office Smartphone Use: Risks For Employers


The proliferation of smartphones and personal digital assistants has afforded many American workers the ability — for good or ill - to stay connected to their work when they are not actually in the workplace. This allows greater productivity for their companies because business-related communications can be made where ever the worker happens to be and at virtually any time of day — even, one might say, on their own time .

Until quite recently, companies provided smartphones and BlackBerrys only to managers and professionals, and they generally fall under the so-called "white collar" exemption to federal wage-and-hour laws. But, as the use of company-supplied and personally owned personal digital assistants (PDAs) and smartphones has trickled down from the executive suites into the hands of hourly workers, who are not exempt from the overtime-pay requirements of federal law, their employers are at risk for claims under the Fair Labor Standards Act (FLSA) for unpaid wages, failure to pay overtime or failure to keep accurate records of hours worked.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Holland & Knight LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.