Employees Required to Check Work Email after Hours

 Gene Lee writes a good post about whether workers should be paid for checking email after hours.  More and more employees are being required to check their email after work.  Accoding to a 2008 Pew internet survey,  50% of workers said they check their work email on weekends.  20% of workers said they were required to check work email and respond to it after hours.  Half of Blackberry and PDA users said they were required to check and respond to work related email after hours.  As Gene notes in his post, debate swirls around whether employees should be paid for this time.  

In July, 2009, several T-Mobile employees sued for this uncompensated time.  It is hard to understand how the employer would not be liable for this time.  Anything a worker does at the employer's request is compensable time.  The real issue is likely to be how liable the employer will be.  The employer should not be liable for 24/7 minimum wage coverage.  But, if the employer requires a particular duty or task, then that task must be compensated.  That is what the Fair Labor Standards Act is all about.  

Minimum Wage Increase

 The federal minimum wage will rise from the current $6.55 per hour to 7.25 per hour, effective July 24, 2009.  This will be the final minimum wage increase under the law passed in 2007, the Fair Minimum Wage Act of 2007.  This increase applies, of course, to exempt employees.  See the Fair Labor Standards Act for more information. 

DOL Gets a Failing Grade

 Rio Grande attorney, Aaron Ramirez, explains nicely the problems with seeking redress for wage violations from the Department of Labor.  As he says, its better to seek relief through a private attorney.

Aaron points out for example that DOL does not normally seek liquidated damages.  Liquidated damages is a phrase referring to monies used to compensate the victim of a wage issue for emotional issues and to help punish the employer.  

In my own experience, DOL does little more than *maybe* issue a finding that the employer has violated the Fair Labor Standards Act (the minimum wage law).