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.