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Electronic Handheld Devices

By Karla Grossenbacher

More and more these days, employers are demanding that employees carry electronic handheld devices, such as BlackBerries or I-Phones, so that they can be contacted via e-mail no matter where they are. This expectation often continues even after the work day has concluded, leading to, among other things, complaints about work/life balance. However, there are also substantial legal risks associated with requiring employees to carry electronic handheld devices. One of the most significant issues is the potential liability under applicable wage and hour laws for “off-the-clock” work performed by non-exempt employees when they read and respond to work e-mails after their regular work hours have ended.

Off the Clock

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