Benefits Think Tip of the Day: Create policies regarding use of wireless devices

[IMGCAP(1)]Employers are being urged to put in practice guidelines for use of company wireless devices like BlackBerries and iPhones, states a new bulletin from Pepper Hamilton LLP. Amy McAndrew, an attorney with the firm, says that new provisions under the Fair Labor Standards Act may compel employers to pay overtime for employees responding via electronic message in off hours.

Courts have found that “insubstantial or insignificant periods of time” are considered de minimis (minimal), and do not need to be counted as compensable work time. “However, the regulations interpreting the FLSA say that working as little as 10 minutes per day should not be considered de minimis under the law. Therefore, if a nonexempt employee uses technology such as a cell phone, a remote Internet connection, or a BlackBerry outside of regular work hours and, as a result, works more than 40 hours per week, that work may have to be compensated as overtime,” McAndrew said.