Godwin Bowman & Martinez’s Todd Shadle’s Commentary on Overtime Laws Featured in Law360

4 Ways To Stay Ahead Of Overtime Issues

While smartphones and remote access to company computer systems has allowed flexibility for employees, it has also created an electronic tether in which the employees are essentially always on call. In 2015, the U.S. Department of Labor recognized this phenomenon and has included on its regulatory agenda that, at some point in the near future, it will issue a request for information for comments regarding “the use of technology, including portable electronic devices, by employees away from the workplace and outside of scheduled work hours. To be clear, these issues only affect nonexempt employees that are using their smartphones and/or remote access to work outside of scheduled work hours. Exempt employees, as has always been the case, can still be required to check emails and answer their calls at all times.

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