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National Wage and Hour Clearinghouse

A Boom in ‘Overtime’ Lawsuits? Blame Technology

Monday, August 10, 2009

It’s something the world is growing accustomed to, for better or worse: the ever-shrinking divide between work and leisure time. Ubiquitous Internet-access, Blackberrys, cell phones — all sort of technological advances — make it easier to take a “work from home” day when a child is sick. At the same time, the advances give employers the ability to make 24/7 demands, and expect 24/7 responses.

With the blurring of “on” and “off the clock,” lawsuits have arisen. Two recent suits, the WSJ reports on Monday, raise the following question: should hourly workers be paid for time spent responding to work calls or emails while off the clock?

Last month, three current and former employees sued T-Mobile USA Inc., claiming they were required to use company-issued smart phones to respond to work messages after hours without pay. In a March suit, a former CB Richard Ellis Group Inc. maintenance worker seeks pay for time spent after hours receiving and responding to messages on a work-issued cellphone.
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