The Curse of the Blackberry

Blackberries and take-home laptops are all too common in the workplace today. Studies have shown that 50% of workplace email users check work-related email on the weekends; 34% say they check email on vacation. Many employers expect and even require their employees to read and respond to work-related emails when not at work. Problem arise when these policies are applied to hourly employees – salaried employees are generally expected work as long as the job requires.

There are of course two schools of thought on the issue. Employees feel like employers are getting a free ride by not paying for this off-hour activity. Employers respond by arguing that employees cannot be expected to be paid around-the-clock, 24 hours a day, simply because they have a cell phone.

Regardless of the viewpoint, the problem appears to be getting worse. In today’s job market, employers require fewer employees to do more, and attempt to squeeze maximum productivity from a minimum number of workers. Also, workers remain less likely to complain about after-hours work so they can keep their hard-to-come-by jobs.

That hasn’t stopped some workers from challenging the practice in the courts. Recent lawsuits against T-Mobile and CB Richard Ellis Group involve legal claims that hourly workers should be paid for time spent responding to work emails during off hours. The outcome of these cases will provide much needed guidance for employers and employees alike. This issue has shown that the wage and hour laws are getting behind the times – thus, it might be time for the Legislature to get involved to clarify the issue. Because, as we all know, the Blackberries aren’t going anywhere.