Michael Schmidt, vice chair of Labor & Employment department, discusses how portable device work will be affected by the DOL agenda in Law360. One of the biggest employer pitfalls that employment attorneys regularly discuss, and that the DOL is becoming concerned about, is the failure to pay for all hours worked by an employee when (1) the employee is performing work after hours and off premises using social media or some smartphone device, and (2) the employer does not necessarily know about that work because it is being performed after hours and off premises. This age of technology has, in many cases, created the 24/7 work day and the virtual “office” that is no longer constrained by the walls and ceilings of the company’s physical office building.
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