The proliferation of smart phones has afforded many American workers the ability for good or ill to stay connected to their work when they are not actually in the workplace. This allows greater productivity for their companies because business-related communications can be made wherever the worker happens to be and at virtually any time of day even, one might say, on their own time.
Until quite recently, companies provided smart phones only to managers and professionals, and they generally fall under the so-called white collar exemption to federal wage-and-hour laws. But, as the use of company-supplied and personally owned smart phones has trickled down from the executive suites into the hands of hourly workers, who are not exempt from the overtime-pay requirements of federal law, their employers are at risk for claims under the Fair Labor Standards Act (FLSA) for unpaid wages, failure to pay overtime or failure to keep accurate records of hours worked.
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