Wage and Hour Update: Overtime Concerns With Mobile Devices

Employer expectations for 24/7 access to employees is now the norm for many industries as new technologies allow work to be done virtually anywhere at any time. Serious questions have emerged about how employers should limit, monitor and compensate remote work hours. Recent litigation trends also show that compensation for time worked away from the office during nontraditional hours is coming under increased legal scrutiny.

This has put employers at greater risk for litigation involving employee use of handheld electronic devices, home computers, cell phones and pagers for performing their work duties.

• Defining the Compensable Working Day and Other Compensable Time

• Establishing and Communicating Work Limitations for Nonexempt Employees

• Monitoring Compliance With Those Limitations

• Identifying the Workplace Technology That Is Generating Evidence of Hours Potentially Worked

• Establishing Policies and Practices to Limit the Potential Adverse Effects of Such Technology

• Measuring Remote Work and Work Done During Nontraditional Hours Effectively

• Compensating for Remote and Nontraditional Working Time in Ways Consistent With Wage and Hour Laws

Carrie A. Gonell, Morgan, Lewis & Bockius LLP 
Howard M. Radzely, Morgan, Lewis & Bockius LLP 

Carrie A. Gonell 

• Partner in Morgan, Lewis & Bockius LLP’s labor and employment practice
• Focuses on the full spectrum of labor and employment matters, including employment litigation and advice concerning federal and state employment statutes, including Title VII, ADA, FMLA and ERISA in federal, state and administrative forums
• Handles matters regarding wage, hour and compensation issues, breach of contract, accommodation and leave of absence issues, and discrimination based on age, race, sex, national origin, and disability
• Finalist in 2004, winner in 2006 and finalists in 2008 and 2010 for The American Lawyer magazine’s Litigation Department of the Year in Labor and Employment Law
• Listed in the highest tier for national labor and employment practice in Chambers USA 2010
• J.D. degree, Fordham University School of Law; B.A. degree, Northern Arizona University
• Can be contacted at cgonell@morganlewis.com

Howard M. Radzely 

• Partner in Morgan, Lewis & Bockius LLP’s labor and employment practice
• Focuses on labor-related legislative, regulatory and administrative issues at the local, state and federal level
• Handles wage and hour, occupational safety and health, mine safety and health, OFCCP/EEO, whistle-blower, employee benefits and pension, labor management/union disclosure and elections, immigration, and congressional investigations and oversight matters
• Served as the deputy secretary of labor, solicitor of labor, and deputy solicitor for national operations at the Department of Labor
• Served on the board of directors for the Overseas Private Investment Corporation and a member of the congressional-executive commission on the People’s Republic of China
• Finalist in 2004, winner in 2006 and finalists in 2008 and 2010 for The American Lawyer magazine’s Litigation Department of the Year in Labor and Employment Law
• Listed in the highest tier for national labor and employment practice in Chambers USA 2010
• J.D. degree, Harvard Law School; B.S. degree in economics, University of Pennsylvania’s Wharton School of Business
• Can be contacted at hradzely@morganlewis.com

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