American Express OPEN enlisted the expertise of Labor and Employment Partner Carrie B. Hoffman for a feature discussing potential lawsuits against employers in regards to "electronic overtime." With so many employees using remote access and taking their work home via PDAs, Ms. Hoffman suggests that companies put a system in place to track electronic work hours to avoid finding themselves on the other end of a lawsuit.
"The issue of electronic communications is essentially an off-the-clock issue," says Ms. Hoffman. "If I check my email from home, I'm working and I should be paid for that time."
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