Burr & Forman

03.16.2016   |   Articles / Publications

InsideCounsel: Your Employees’ Cell Phone Use Might Take You Out of Labor Compliance

In an article published on March 15, 2016, Kathryn Willis and Matthew T. Scully provide insight on the various legal issues that may arise from the use of cell phones in the workplace.

The authors point out that, under the Fair Labor Standards Act (FLSA), employers must pay non-exempt employees a minimum wage for all time worked, and overtime for hours worked over 40 hours in a work week. If a non-exempt employee uses his or phone for work outside of normal work hours – for example, responding to emails, making calls, etc. – they may be entitled to compensation for that time. Cell phones can also be problematic in harassment and discrimination claims. The built in camera and audio recorder feature in cell phones make these claims nearly impossible to dispute. In order to avoid a similar situation entirely, companies must implement and enforce a strong harassment policy covering electronic devices and activities outside of work, including those on social media. Willis and Scully outline other issues that employers should be aware of, including violations of the National Labor Relations Act (NLRA) for disciplining an employee for social media use, misappropriation of trade secrets and liability for employee negligence while using a phone.

For the full article, click “Your Employees’ Cell Phone Use Might Take You Out of Labor Compliance“.


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