Employees more and more frequently are working after hours. Smartphones, VPNs, and constant pressures to provide good customer service have some employees working a lot of time after hours – and, unfortunately, off the clock. The US Department of Labor announced LinkedIn is paying nearly six million dollars to 359 employees as part of a settlement for unpaid wage claims and overtime. LinkedIn also had to agree to distribute and train its managers and employees on its updated off-the-clock work policy. Read a full copy of the DOL press release.
The moral of the story is to pay your employees for all time worked. You should also reconsider whether non-exempt employees should be allowed to have VPN access and the ability to monitor company email from their phone or other device. Finally, of course, you should review and update your policies related to paid time and recording that time. Just remember wage and hour laws are particularly unforgiving for employers and wage claims come with harsh penalties and a requirement that employers pay employees’ attorney fees.
If you have questions or would like advice on compliance with wage and hour laws, contact a member of our Employment and Litigation Team.