Comments on: E-mailing at home: The latest legal trap?

By: Ken

Ken — Wed, 11 Nov 2009 16:07:26 +0000

It may take a few seconds to reply to an email, but it may take hours to think about the right response, and, a work email is an intrusion on private time and can disrupt the whole day, especially if it causes aggravation.
Both exempt and non exempt employees should be compensated in one way or another. For example, I am exempt and I am given more flexibility in my daily hours. Furthermore, no employer has the right to harass employees off hours, at any level of management. I bet I could prove this to be unconstitutional, and I’m not an attorney.

By: Jon

Jon — Wed, 11 Nov 2009 15:16:32 +0000

I’m no HR expert, but from my training I was always told that Hourly works who are required to be waiting for “on call” duty after hrs and on weekends, need to be paid for that time. You may want to look into that issue further

By: R. B.

R. B. — Fri, 28 Aug 2009 14:00:09 +0000

I would never expect a non-exempt employee to work off the clock. If we’re talking about taking 2 minutes of their time and it’s something that doesn’t happen very often, that would be one thing. But if we’re talking about 5 minutes here, 10 minutes there, night after night, they should certainly be paid. It could add up quickly to be quite a bit of time during a work week. I guess I’m a little surprised that a company like T-Mobile USA would think otherwise. You can’t make company policies that violate state or federal law…

By: Juanita

Juanita — Fri, 28 Aug 2009 12:35:06 +0000

We are a non-profit organization and we have Case Managers who are non-exempted; however, part of some Case Managers’ job responsibilities is that they be on call during off-hours and weekends, available for consultation on an as needed basis. Therefore, from what I just read regarding “e-mailing at home” regardless if it is voluntary or non-voluntary a non-exempt employee must be paid for those hours even if it is part of their job responsibilities.

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