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Linda Horras Provides Guidance to Employers over Off-the-Clock Mobile Device Use by Nonexempt Workers

June 26, 2018

Hinshaw's Linda Horras was recently quoted in a Society for Human Resource Management (SHRM) Online article titled "Tips for Managing Workers' After-Hours Use of Mobile Devices." Recognizing that working remotely is here to stay, the article offers businesses advice on how to ensure nonexempt employees do not engage in compensable work after hours using their mobile devices.

Referencing wage and hour laws, Horras noted that the Department of Labor (DOL), as well plaintiffs' attorneys, routinely pursues off-the-clock work violations. "There is the legal requirement to record all time worked and compensate accordingly for all nonexempt staff," Horras said. She recommends company policies be drawn up to explicitly mandate that reading and sending e-mails, responding to phone calls and related duties should only be performed when the nonexempt employee is at work during official office hours.

Read "Tips for Managing Workers' After-Hours Use of Mobile Devices," on the SHRM website

Hinshaw & Culbertson LLP is a U.S. law firm with 450 attorneys located in 11 states and London. Founded in 1934, the firm has a national reputation for its insurance industry work, its representation of professionals and law firms, and its closely coordinated business advisory, transactional and litigation services. We serve clients ranging from emerging and middle-market businesses to Fortune 500 companies, as well as governmental and public sector clients.

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