The folks over at the Department of Labor (DOL) have expressed a keen interest in employees’ smartphone use, and that interest may force you to make some changes to your employment policies in the near future.
At the Spring 2015 Regulatory Agenda, the DOL announced that it’s requesting info regarding:
“… [T]he use of technology, including portable electronic devices, by employees away from the workplace and outside of scheduled work hours …”
While the DOL’s announcement makes no mention of its intention to draft regs on the subject, you can bet the feds aren’t looking into the subject simply for research purposes.
Tech muddied the waters
Technology has made tracking off-the-clock work a major pain point for employers in recent years.
Under the FLSA, employees don’t need to be required, or asked, to work beyond a 40-hour workweek to be entitled to OT pay – they must simply do so for the employer’s benefit.
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