Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, offers his opinion on how the DOL could resolve the issue of determining when employees must be paid for connecting with their jobs during hours they aren't scheduled to work. “There will be a rule at some point,” said Michael. He predicted any rulemaking likely would entail “three hot spots” — the “question of de minimis time,” the “record-keeping obligation,” and “the e-mail curfews” instituted by some employers forbidding workers to check and respond to electronic messages during specified time frames.

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