Controlling the Compensable Workday in an Electronic World: Employer Wage and Hour Risks in a Blackberry Culture

The presentation slides of a recent Labor and Employment Practice webcast are available by contacting Bethany Shipman-Meyer at bshipman-meyer@morganlewis.com. This session on the employer wage and hour risks in a Blackberry culture was presented by Morgan Lewis attorneys Brian L. Johnsrud, Christopher A. Parlo, and Michael J. Puma. 

Employer expectations for 24/7 access to employees is now the norm for many industries, as new technologies allow work to be done virtually anywhere at any time. Serious questions have thus emerged about how employers should limit, monitor, and compensate remote work hours. Recent litigation trends also show that compensation for time worked in and away from the office during nontraditional hours is coming under increased legal scrutiny. This has put employers at greater risk for litigation involving employee use of handheld electronic devices, home computers, cell phones, and pagers for performing their work duties.

Our interactive discussion highlighted recent decisions addressing "preliminary" and "postliminary" working time. It also focused on how to:

• Define the compensable working day and other compensable time
• Establish and communicate work limitations for nonexempt employees
• Monitor compliance with those limitations
• Identify the workplace technology that is generating evidence of hours potentially worked
• Establish policies and practices to limit the potential adverse effects of such technology
• Measure remote work and work done during nontraditional hours effectively
• Compensate for remote and nontraditional working time in ways consistent with wage and hour laws