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Be Careful About After-Hours BlackBerry Use


Lack of compensation could lead to lawsuits

Not too long ago, we touched on how it's nice when companies buy employees mobile equipment instead of making the matter a personal burden.  Now comes step two: not making employees use the equipment more than seems appropriate.

If people within a company agree to remain available outside their nine to five shifts, that's great - congratulations on having such a dedicated team.  Only, as Joseph Pisani points out, "[T]here are growing concerns that workers eligible for overtime pay, known as non-exempt employees, could begin suing their employers for overtime hours earned while tapping on their devices during after-work hours."

That's no reason to make everyone turn their laptops and BlackBerrys back in; after all, you probably don't keep the office doors locked until the start of the workday and then usher everyone out at the end.  It just might be wise to create or update a policy on the issue.

One option involves actually paying employees for their time, or at least building a small buffer into their normal workweek schedule.  Another involves asking employees to waive compensation for non-traditional work.  Or you could put them on salary, where hour-to-hour pay rules no longer apply.

Whatever your solution, there's no doubt that the economy is crazy enough without lawsuits adding to your problems.

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News Tags: Management, Legal
About the author:
Doug Caverly is a staff writer for SmallBusinessNewz.

Comments

Doug you have pointed the

Doug you have pointed the right point, it exactly what i have experienced. Stay cool and don't but your blackberry available for your mates.

Great article

We keep our after hours BB use to a minimum at our FIrm.

Very Good Point

You have made a very good point.  Not only is there a risk that a non-exempt employee could seek overtime for business performed via a PDA (or telephone, for that matter) but there will be an electronic trail to support their claim.  Employers should recognize this risk.

Thanks for pointing it out.

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