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Wage and Hour Laws Blog

Posts tagged electronic.

Our last post provoked an inquiry about what impact, if any, after-hours or off-day use of a BlackBerry® or another personal digital assistant might have with respect to employees whom an employer treats as exempt under one of the federal Fair Labor Standards Act's executive, administrative, or professional exemptions. The U.S. Labor Department's exemption regulations for these so-called "white collar" employees require that most such employees be paid on a "salary basis" in order to be exempt. This is where the problem might arise.

A police officer has sued the City of Chicago seeking pay for time spent dealing with work-related phone calls, voice-mails, e-mails, text messages, and work orders via BlackBerry® devices and similar "personal data assistants".

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