Don't get hung up on: off-duty cell phone use and the FLSA

Company-issued cell phones and bring-your-own-device (BYOD) programs are now ubiquitous. As employers are more frequently communicating with not only supervisory but also hourly employees through mobile devices, class action lawsuits over unpaid "cell phone work" are on the rise. The trouble is that off-duty cell phone use is difficult to control and track. A recent decision by the U.S. 7th Circuit Court of Appeals (whose rulings apply to all Indiana employers) clarifies when you must compensate employees for time spent using cell phones "off the clock."

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