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Unpaid Overtime Extends to Employees on Electronic Access After Hours


Santa Clara, CA: Employees who are required to use their cell phones after regular work hours to stay in touch with their job, including checking emails, text messages, voicemails, and other electronic transmissions, may be entitled to unpaid overtime compensation under federal wage and hours laws.

According to the Fair Labor Standards Act (FLSA) non-exempt employees must be compensated by their employers by at least one and one-half times their regular rate of pay for all hours worked over 40 hours within any given workweek. This includes work that an employer does not request but has actual or constructive knowledge of.

People who are accessible by beeper or mobile-on-call and are restricted to geographically specific areas are considered to be at work. This could include, in addition to general employment, sales people, cab drivers, plumbers, truck drivers, etc.

Several large companies have been sued for unpaid overtime in employee unpaid overtime class action lawsuits, by employees who are accessible by smartphone. In turn, those companies have lost the lawsuits and subsequently paid in excess of an estimated $1 billion in compensation.



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