Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses a potential rule by the Wage and Hour Division of the Department of Labor that will focus on the use of technology, including portable electronic devices, by employees away from work and outside of scheduled work hours. Any proposed rule from the Wage and Hour Division on electronic devices is likely to focus on what type of work is compensable work time, according to Michael. The initial drafting of a proposed rule may be pro-employee, with record-keeping requirements that could be onerous or intrusive for employers, he cautioned.

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