Avoiding Liability for Off-the-Clock Work in the Brave New World of the Blackberry

Source: Gregory F. Jacob, Employee Relations Law Journal, Vol. 36 no. 1, Summer 2010
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Technological advancements and flexible workplace arrangements have dramatically increased the risk that non-exempt employees with access to such technologies will engage in off-the-clock work. With lawsuits concerning technology-related off-the-clock work on the rise, and with more US Department of Labor wage and hour investigators on patrol, employers should be taking a hard look at their remote email and remote work access infrastructure and considering devising new remote work policies or revising old ones to minimize the risk of off-the-clock work.

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