As this interesting article suggests, there is always a new wage & hour issue coming along. The WSJ Law Blog is asking whether Blackberrys and other PDAs may result in a new wave of wage-and-hour litigation. The potential for overtime claims is obvious, as management lawyers have noted:
“We’ll see it; it’s only a matter of time,” said Jeremy Roth, a lawyer in the San Diego office of Littler Mendelson. Roth said he has cautioned several clients about the issue in the last year, advising them to get policies in place. Added Roth: “Before there was at least an argument that no, the employee is not being truthful when they say, ‘I did all this work after hours.’ But now, that swearing contest is taken out of the mix.”
As the article also demonstrates, the creative ideas often come from defense firms, eager to find new kinds of cases to defend. [Hat tip: LaborProf Blog]
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