Blackberry Use and Overtime Pay, Quirky Question # 48
Quirky Question # 48:
The regular business hours for our IT Help Desk are 8:00 a.m. through 6:00 p.m., Monday through Friday. Obviously, people sometimes need IT support outside those hours, and the four non-exempt employees who staff the Help Desk are issued BlackBerries to respond to e-mails and calls outside of regular business hours.
These employees were very happy to get BlackBerries. They used to take turns working late one or two nights a week – now they can monitor Help Desk calls and e-mails while going about their “real lives” outside of work. Our approach seems to be working since I have received positive feedback from our staff that the IT personnel have helped them at a moment’s notice, even at unusual hours (one person reported that she recently received assistance at 2:00 a.m.; another workaholic described how helpful the IT folks were on Christmas day).
Since these are non-exempt employees, should I be worried that we are exposing the company to liability under the FLSA? We’ve made clear to them that they should report any time they spend responding to Help Desk issues outside their regular work hours. Is that enough to minimize any risks? Answer→