Should I be paid for the overtime hours I spend responding to work calls and emails on a company-provided smartphone?

Mobile technology, like smartphones and tablets, have put many always-connected workers in a difficult situation. Because they’re always available by phone, text, or email, many end up responding to work demands long after they’ve clocked out for the day—and many are specifically issued mobile devices by their employers. Whether it’s your personal phone or a company-issued device, these “off the clock” hours can be a big problem for employees who are always online and on call. 

Although some exceptions and exemptions apply, most employees are owed overtime compensation for any hours worked over 40 each week—and all the time you spend performing job duties should count. Even if you are taking calls afterhours or from outside of the office, there’s a good chance that you should be compensated for the time you spend doing work online or on the phone—or, at the very least, that your employer should be tracking these hours to ensure appropriate pay under the law.   

If you’re unsure if you should be receiving overtime pay for the calls and emails you respond to after your scheduled shift or during rest breaks, don’t hesitate to reach out to our team for help at 888-449-2068. Because every case is so different, the best way to get definitive answers is to go over the specific details of your situation with an experienced employment attorney. 

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Galvin B. Kennedy
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Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.