Are you a non-exempt employee who is eligible for overtime pay?  Does your employer require you to check email or make business calls outside normal working hours?  Are you required to log-on to the company computer or receive work assignments before leaving your home each day?    If so, does your employer pay you for the time you spend performing these duties “off the clock?”  PDAs, cellular telephones, remote computer access and email may make employees more efficient and connected to the workplace, but these devices may also result in substantial liability for employers who fail or refuse to pay their non-exempt employees for the time they spend performing work activities away from the office.     

For nonexempt employees, whether salaried or hourly-paid, the general rule is that if the employer "suffers or permits" the employee to work, compensation is required, and if that results in the employee working more than 40 hours in a work week, overtime pay is necessary. Think about it, if you spend an average of 30 unpaid minutes per day checking emails, making calls, etc. outside your normal workday, this amounts to approximately 10 hours of unpaid wages per month.   Over the course of a year, this amounts to 120 hours (i.e. 3 weeks) of unpaid time.  The Fair Labor Standards Act permits an employee to recover unpaid wages, liquidated or double damages, plus attorney’s fees and costs from employers who fail to pay overtime.  Today, employers squeeze as much work as possible out of their employees.  Know your rights.  If you are not being paid for all of the work you do, contact an employment attorney to learn how to recover your unpaid wages.

Leave your comment

Name
Comment
Enter the code from the image