Technology has drastically changed the way we work — and also the way we spend our time once we leave the office. Thanks to smart phones and other digital devices, we may leave the office but we may never leave work due to the ability to be contacted 24/7.
The question is whether working at home on digital devices should be factored into the number of hours worked per week?
Paralegals are categorized by the U.S. Department of Labor as eligible for overtime. However, workers in different classifications (such as police officers) who earn more than $23,660 a year aren’t eligible for overtime pay. Eligibility varies based on factors such as whether they are paid or salaried. The Department of Labor is considering raising the salary floor, perhaps to $50,000 a year.
The ABA Journal quotes an article published by the Wall Street Journal:
“The higher eligibility level would ‘sweep millions more Americans under the purview of the Fair Labor Standards Act, which protects the right of workers to overtime pay.”
There are few decisions on pay for remote, technology-assisted work. Chicago police officers have filed claims alleging they were issued personal digital assistants and were expected to respond to communications while off duty. Paul Geiger, lawyer for plaintiff Jeffrey Allen, told the Wall Street Journal that officers in elite units like the organized crime division where Allen worked, were expected to refrain from claiming pay for the extra work. The trial is scheduled to begin in August.
The question for paralegals is this: If there are expectations by your employer to respond to communications while “off duty,” should that time be factored into the number of hours you work per week? The Paralegal Mentor says, “Yes!” Further, you should be paid one and one-half times your regular rate of pay for any hours worked over 40 hours in a week,
Remember: Your time is your most precious asset. Time is valuable. Time cannot be reproduced or re-created, mined, grown or processed. You have what you have and you will get no more. If you want to donate your time, to volunteer, that is your decision and it is an honorable decision. However, your employment is not a volunteer project and you should be paid for the time you work.