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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.'"
It clearly separates you from the sheeple and establish your dominance over the herd. It establishes that you're a go-getter, instead of one of those hippies with an iphone.
And everyone knows, blackberries make assholes more versatile.
In 2003-2004 at my previous employer the company rolled out Blackberries to management and "key" personnel. Being responsible for a relatively large part of the infrastructure at this joint, I also got one.
One day I arrived at work and found the messaging group folks had delivered the BBs to some of the people in my area, and there was a box in my desk as well, with a little booklet (the must have cost a fortune to print, it was that well done) with usage policy (of course), instructions and steps for setting it up. The younger kids were besides themselves and already setting up the sync cradles and sending messages to each other. I picked up the phone and called the project manager, who was a friend of mine. I asked him to send one of his people to pick the box up.
"But everyone's getting one."
"I don't care, I don't want it."
"You are on Tier 1 and you're supposed to be on call..."
"I am. I have a cell phone, and if the IPC melts down at 3 AM, someone can call me."
"But this lets you check your email!"
"That's exactly why I don't want it"
A few days of back and forth politik ensued, and eventually my boss relented and let me be. Note that this was the time when the devices could not make phone calls - I hear they can now. Oh joy.
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.
If the data center is on fire, sure I want to know, no matter what time it is. But I don't want to hear little pings and murmurs from a PDA next to my bed because some VP couldn't find a file for tomorrow's presentation, or a fscking file server is down and Julie in accounting can't get to it. All that can wait until the morning.
If I had taken the thing and ended up in that 24/7/365 situation I don't think I'd sue my employer, but I would have probably ended up leaving a lot sooner than I did. Probably even if I were eligible for overtime. A case of "they ain't paying me enough for this crap" if I ever saw one.
The twitter monologues. Click on my homepage and be amazed.
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.
That's kinda like telling someone you know Martial Arts after they've just broken your nose.
Wanna fight ? Bend over, stick your head up your ass, and fight for air.
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.
The society for a thought-free internet welcomes you.
... setting personal boundaries and expectations with your employer and co-workers? Just because you have a Blackberry does not make you an indentured servant.
On a side note, I had a previous employer offer me a Blackberry as an enticement to stay when I gave my notice to leave. Needless to say my decision remained the same.
I own a Blackberry (my own, I'm self employed and also an ISV of a Blackberry app) and the biggest complaint I have about them is many companies hand them out as status symbols and not to the people who could really make good use of them.
I Heart Sorting Networks
You have to pay for people to work. What a novel concept.
I actually tell my employees specifically that - if they're not on call - they should not answer blackberries for work use when off.
:P
Now, I do think it provides some leeway - I have some employees who I allow somewhat flexible hours and for that they trade some amount of availiblity.
Others, I just like to irritate by sending emails a 4:30AM.
Oh, wait, my master is buzzing...
The Kai's Semi-Updated Website Thingy
I'm currently a IT professional that is actually paid overtime for > 40 hours of work per week. Guess what - I don't have a blackberry.
If I want to earn more money, the next pay grade is exempt and (shocking) includes a blackberry.
It's like looking at crackpipe and trying to talk yourself into it. :\
And since I spend NO time after work sending any work emails ... someone out there is spending an awful lot of time to make up for my slacking.
Yeah, I know that person. I work for them...
Maybe there's a generational gap here, but as a 20-something just entering the working world, I've found it striking how those 20-30 years older than myself have come to see email as the Infallible Silver Bullet of instant office communication. Email isn't always reliable, or instant, or even secure, yet it's increasingly treated that way.
For example, I receive one-liner emails from someone sitting at a computer in an office less than 30 feet from mine. Just walk over and ask your question, you know where I am. Well, okay, so I'm not always at the computer- in which case I'll get a followup email (or two) within 10 minutes asking why I haven't replied to the first message. We have numerous people who use email as an instant message service, shooting single sentence messages back and forth all day long. Our workstations even come with an IM client installed, and I've tried to instruct people to use it, but nobody does. They'd rather make a show out of spending at least an hour or two every day "doing email", as it's called around the office.
I'm convinced that the use of Blackberries will only make the problem worse. Email is quickly becomming the text messaging of the workplace, something it was never designed nor intended for. God help me if the boss ever gets a Blackberry, and figures out how to use it...
If it is really important thay will send the police.
Undetectable Steganography? Yep, there's an app fo
The problem is not the device - there's a lot of chatter in this thread about the pros and cons of such portable devices, but the core issue is employers who have no regard for employees' personal time and who routinely break wage and hour laws.
Improper handling of "exempt" employee status is probably the most frequently screwed up HR liability in the corporate world because half of managers "heard somewhere" at one point that if you're on salary you're exempt. Wrong. The same people fabricated "flex time" which has no basis in law in the state of California (maybe in other places).
The level of ignorance in upper management with regard to employees rights is mind-numbing.
I have been telling my clients this for years. Wisconsin law clearly says that if a manager knowingly allows an hourly employee to do work at home then they must be compensated for their time. So, all my designs include the ability to and documentation on how to disable mobile access, remote email access, etc. for hourly and other non-exempt employees. If the employee saves all their email they can export all the email sent by them after hours, compile the data, and then prove a pattern of working in the evenings. If they were a 30 - hour employee they can sue for the remaining hours and benefits. This is a lot of risk for employers.
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.
I'm with you on this. I left the company I used to work for partly because they abused the 40-hour, exempt-employee workweek. Sometimes, we would spend 14-16 hours on-site without breaks, and I simply got sick of working hours of 2 weeks and getting paid for one.
Then I came back as a part-time W2 employee, only to be met with "Well, we have this approval process for overtime."
Fine by me.
The whole "exempt" employee thing is a sham -- I'm not sure how companies can legally declare non-managerial employees (such as myself) as EXEMPT; To me, it stinks of some loophole that is screaming to be closed.
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
Show a man some news, distract him for an hour. Show a man some mod points, distract him for the rest of his life.
If you make that argument, you have already lost. It means you have given your boss the authority to rearrange your life for greater productivity; you're just giving advice on the best way to do it. To establish boundaries, you should let them make the first move. Just don't respond to emails or calls outside of working hours. If they want you to be available for work during certain hours, they need to negotiate those hours and convince you -- preferably with arguments you can take to the bank.
From the article, "Although experts said that they are not aware of any current lawsuits, they said it's inevitable."
The lawyers are stirring the pot. Nothing else to see, move along. These are not the lawsuits you are looking for.
One ring to bind them - should probably have more fiber and less rings in their diet.
Sanity is like a condom: rather have it and not need it, than need it and not have it.