After living with the reality of after-hours work emails, texts
and cell phone calls for so many years, no one should be surprised
that the Fair Labor Standards
Act (FLSA) (29 U.S.C. § 201 et seq.) requires
employers to pay non-exempt employees for all
overtime hours worked – including any overtime spent
emailing, texting or on calls from mobile electronic devices. And,
it goes without saying that employers are liable for the failure to
make these required overtime payments whether the employers have
actual or constructive knowledge of the employees' overtime.
For example, let's say an employer maintains a written policy
forbidding employees from working any overtime by emailing, texting
and cell phone calls. Nevertheless, the employer receives and
accepts an assignment from an employee submitted by email after
hours. However, due to the prohibition against after-hours emails,
the employee generally does not submit for overtime. In such a
situation, the employer cannot
