Cell phones and laptops made it possible for employers to reach you after working hours. Smartphones have made this phenomenon even worse, giving them access to you, not only by phone but email and text messages as well. The question is, are you responsible for answering those emails after hours and do you deserve compensation for ‘working’ off the clock? There are overtime laws in effect for such a case, and a lawsuit has been filed and is in progress in Chicago federal court regarding a situation just like this.
There is a police sergeant in Chicago suing the city for himself and other co-workers not being paid to answer calls and send emails while at home, using the department-issued smartphone. While it may seem like this is just part of the job, others across the country are beginning to consider whether or not they should be paid for similar types of work they conduct off the clock, essentially getting paid for their unpaid overtime.
According to overtime laws, any employee is entitled to overtime pay, including those on ‘salary’. There are stipulations that as a salaried employee you cannot make more than $455 per week, to obtain overtime wages. In the event you are denied overtime pay you deserve, you can file an overtime lawsuit against the employer, demanding you be paid for the time you work.
The truth is that if your employer requires that you respond to emails, answer text message or perform any other work-related duty at home, you are entitled to being paid for those hours. Subsequently, if you have reached 40 hours before the end of the week, you would then be entitled to overtime pay.
If you are questioning whether or not you have a right to file an overtime lawsuit for unpaid overtime wages, you should contact an employment lawyer in Utah to guide you along the way. An employment lawyers specializes in filing employment-related lawsuits, such as suing for unpaid wages and unpaid overtime. Furthermore, an employment lawyer knows the ins and outs of wage and hour laws and understand the Fair Labor Standards Act, that employment laws are based upon and can help you determine if you have a reason for filing a lawsuit against your employer and what you are entitled to.