What You Need to Know

  • Any work related to a non-exempt employee’s job that is done at home or offsite is compensable, including answering work-related emails using any personal computing device. i.e. – PC, smart phone, tablet, etc.
  • When a supervisor knows or should have known that work is being done and permits the employee to do so, the work must be counted toward overtime.
  • An employee cannot volunteer to work “off the clock” in most cases and is not permitted to waive their rights under the FLSA.
  • Non-exempt employees who choose to access their work email through personal computing devices such as smart phones may not do so during non-working hours without prior approval from an appropriate supervisor. Any time spent accessing, reading and/or responding to work-related e-mail or working on other electronic work materials is compensable under the FLSA.
  • The supervisor’s responsibility is to ensure that all non-exempt employees understand that they are not to read and respond to work-related emails during nonworking hours without prior approval in order for it not to count toward overtime.