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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.'"
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.
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.
If it is really important thay will send the police.
Undetectable Steganography? Yep, there's an app fo
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.
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.