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Labor and Employment
Summer 2010
Avoiding Liability for Off-the-Clock Work in the Brave New World of the Blackberry
Reprinted with permission from the Summer 2010 issue of the Employee Relations Law Journal.

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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