BlackBerry Overtime is a Lawsuit Waiting to Happen?
In yet another example of the recent furor
about BlackBerry overtime
, legal experts are now warning employers
that lawsuits are just around the corner. Attorneys are advising corporations to re-think who they give a BlackBerry to, and suggest that non-exempt employees -- in other words, those eligible for overtime -- shouldn't receive a phone.
Experts say that a disgruntled former employee is the most likely instigator of a lawsuit. Some lawyers are starting to make noise that BlackBerry overtime is grounds for litigation, and they would seek out these ex-workers. Paul Lopez, head of the labor and employment department at Tripp Scott, said that companies who don't ask employees to record their after hours use would be in an especially bad position to defend against a claim. There's a lot of after hours work, too -- 25% of respondents to a recent survey said they plan to use their BlackBerry for work even while on vacation, and a further 9% said their bosses expected them to at least keep up with email and voicemail, if not actively work, while on their vacation time
. While most would agree that the latter is a bit extreme, the rest of it is up for debate: do you think after hours BlackBerry use should be compensated?