Workplace BlackBerry Use May Spur Lawsuits

An anonymous reader writes "From an article on cnbc.com: 'As employers hand out electronic devices to their employees at a greater pace, there are growing concerns that workers eligible for overtime pay, known as non-exempt employees, could begin suing their employers for overtime hours earned while tapping on their devices during after-work hours. As a result, lawyers are advising their corporate clients to update their policies and handbooks related to BlackBerry use and reconsider who gets a device.'"

Comments

Obviously given to the wrong employees

[wvmarle]

Blackberries are imho meant for those people who for whatever reason can't stop working. Business owners, sales people working on commission only, that idea. And of course that are exactly the people for whom working hours don't count. I'm one of them, even though I don't have nor want a blackberry. If people need to reach me so urgently they can use the phone.

This also makes me wonder, what is a blackberry doing in the hands of employees with fixed working hours? Why are they given one by the company in the first place? This are generally the lower ranked people (now I don't know US labour laws very much) - they have fixed working hours obviously, and are supposed to do (and finish) their work within those hours. I can't think of any reason why they would possibly need one such devices. They are at work, then work, and then will have a computer at hand. If it is the kind of employee that is supposed to run around all the time, e-mail won't be of much interest for them either.

No matter what I think this is mostly a story about the inappropriate use of a technology. The enormous urge of being "ahead of the pack" when it comes to adapting new tech. It is high tech, it is new, "everybody" uses it, etc. That kind of thinking. It sounds like a disconnect between the ideas of the top management and the actual tasks of the workers.

Add to that the idea that all employees want to be important, and having a blackberry these days is for sure equivalent to being important (until recently it were only the high-fliers that would have a need for it and could afford one), so everybody will happily accept a blackberry without thinking about whether they really need one. And then those lower ranked employees also get addicted, forget that they have working hours, start working overtime, and poof, lawsuit!

I truly hope the employees lose in this case, as I consider it unasked for overtime. Completely voluntary overtime. Unless the employers gave the blackberry with the message "now you are reachable at all times", in which case the employer deserves to lose - if only for sheer stupidity.

Let's not forget corporate laptops...

[gillbates]

They've been issued for far longer than Blackberries and haven't spurned lawsuits so far.

Basically, it's not a question of the technology: if you have hourly employees working unreported time, you're asking for trouble. The labor laws are fairly clear in this matter. Whether it's on a Blackberry, laptop, or otherwise is beside the point.

But let's not forget that employers can simply reclassify their hourly employees as salaried and get as much unpaid overtime as they want. And that's perfectly legal, Blackberry or not. This question is more a matter of your employer's semantic classification of your job than whether or not you get paid for your overtime.

Re:Turned it down

[jollyreaper]

I figured that once I had that thing I'd never be able to get away from it, even on vacation. And that's exactly what happened to everyone else. People won't think twice about sending you an email for stupid little things at 10:00 PM, because they're working and figure everyone else should be as well. But making a phone call is very different, and most people won't do it unless it's something really important. People think it's no big deal because it's just a message. Bullshit.

See, I never used mine that way when I had it. My policy was if it was really important, you gave me a call. Emails were only checked maybe twice a day on the weekends and if it wasn't important (which it hardly ever was) it would wait until Monday.

Berries are one of those tools that are very good when used appropriately and hazardous to your well-being if used improperly. Most people use them improperly. I feel the exact same way about remote access tools. As an IT guy, I think they're great. I can log in, do the two second task I have to, and then I'm done. Regular employees don't like it because it means that the big pile of work on their desks feels like it's staring at them through the intertubes, demanding their attention. "I don't want to be able to work from home, I don't even want to know I'm able to do so!" some people have pleaded with me. I can understand.

Re:Turned it down

[Martin Blank]

I'm the same way. I give notice to my colleagues of when I'm going on vacation, and I make it clear to them that for the duration of my vacation, I will NOT have my Blackberry with me. To make the point doubly clear, on my last day before vacation, I will point out that the Blackberry is in its cradle at the end of the day, and not on my person.

I am part of an on-call rotation. I will answer the phone if it rings while I'm not on-call, but I do not check my e-mail unless I hear it buzzing incessantly (I leave it on vibrate) for an inordinate amount of time, which means that a lot of messages are coming in and something is probably seriously broken and I'll be called anyway. If I am on-call, I check the subjects of messages but will only open them if they appear to be something about which I need to be concerned. Other than that, it goes back in the holster.

The Blackberry has its use. Its use is not to enslave me. Considering that the employer recently took actions in my favor to try to ensure that I will not leave in the near future, I suspect they know that pushing me on this (if they were so inclined) would not improve their position.

Re:Turned it down

[Anonymous Coward]

They don't PAY me for 24/7 support,

Then turn off the Blackberry. It DOES have an off switch, right??

Depends on the salary

[sjbe]

Personally...I'll never work for free ever again. Salaried pay is a rip-off.

That depends entirely on the salary. In many cases you are quite correct but not always. Once you climb up towards management, hourly pay generally is no longer an option. Plus in some professions (ex. doctors or investment bankers) hourly pay is simply not going to be an option on the table. Fortunately the pay and bonuses (should) make up for it so long as you don't mind the hours. Whether the hours vs. pay trade-off is worth it is an exercise left for the reader.

Re:Now is about the time...

[iwein]

Over 40 hours a week should not be 'expected', it should only be required for emergencies and last minute pushes on big deadlines

Please understand that emergencies and last minute pushes on big deadlines are to be expected at all times. No overtime means no overtime. If you want to do a good job at leading a team, make it a rule without exceptions.

As an employer, don't pay for overtime, don't ask for overtime and don't allow overtime. It will ruin quality and cost you more.

I used to work at one of the big consulting firms and the following pattern was almost a rule:

1. not finished, stay late
2. come in late or unrested
3. be less productive, deliver poor quality
4. not finished after staying late

If you see that pattern, stop it at once and follow these simple rules:

1. everybody is on time each day
2. no working after 6
3. max 40 hours a week