A recent episode of National Public Radio's "Weekend Edition" program discussed the legal and practical implications of using one's Web- and email-connected smart phone during off-hours, which is at the heart of an employment lawsuit filed in Chicago.
The question is whether such off-hours use is subject to overtime pay, which probably elicits different opinions from different Illinois employment lawyers.
While Apple's iPhone is used mostly by consumers for personal use, Research in Motion's hyper-secure BlackBerry is the standard-bearer of work-related productivity devices. Catherine Merritt of Ketchum Public Relations uses a popular nickname to describe its addictive qualities:
"Definitely it's a little bit of a crackberry. I check it at least a few times probably an hour."
Chicago real estate developer Zev Salomon, who calls his BlackBerry his "binkie," said he appreciates the ability to stay constantly connected and even brings it to bed with him. But some non-exempt workers, those who are entitled to overtime pay if they work more than 40 hours per week, aren't always as impressed.
Chicago Police Sgt. Jeffrey Allen, who sued the city for unpaid overtime, is a prime example. He is seeking overtime stretching back over two years for time spent off-hours conducting business on his BlackBerry, according to the Chicago Sun-Times.
Paul Geiger, the Chicago employment lawyer representing Jeffrey Allen, said his client is entitled to "hundreds of hours" in overtime pay. The question is whether he chose to work off the clock or if it was a requirement, either stated or implied. Paul Geiger believes it's the latter:
"We believe we can prove it's a requirement for people who want to work in the gang-investigation unit. If you tell them you're not going to work outside your work hours and don't want a BlackBerry, you're not going to work in the unit."
This is just one of countless other, similar suits across the country that are testing this relatively new area of employment law.
Related Resources:
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Minimum Wage and Overtime Basics (FindLaw)
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Call an Illinois Employment Lawyer (FindLaw)
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Smartphones, E-Mail and Overtime Laws (FindLaw's Law & Daily Life Blog)
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