Cell Phones and Tablets Could Entitle Employees to Electronic Overtime – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on January 21, 2013

  Who doesn’t have at least a cell phone, Smartphone, tablet, or laptop?  It’s an easy way to stay in touch and get informed.  These electronic gadgets also allow more and more employers to have employees perform office work outside the office by remotely accessing their work computers.

Currently, two separate groups of employees have filed suit against Amerisave Mortgage alleging that the mortgage company forced employees to use their electronic gadgets to work off the clock on nights and weekends.  Further, to prevent paying the employees’ overtime, the complaint alleges that Amerisave doctored the employees’ time records.

And Amerisave employees say their electronic gadgets more than prove their case.  Electronic gadgets leave clear digital trails of when, where, and how they were used.  “While no electronic overtime lawsuit has led to a class action size settlement, it is very possible and very real,” said Norman Blumenthal, founding partner of Blumenthal, Nordrehaug & Bhowmik, a California employment law firm.  “Employers are always looking for ways to increase productivity while reducing costs.  By forcing employees to work outside the office, thousands of work hours essentially become unpaid.”

Under the Fair Labor Standards Act (FLSA), employees are entitled to be paid a minimum wage for all hours worked, as well as overtime pay for any hours worked in excess of 8 hours a day or 40 hours per work week.

Previous electronic overtime lawsuits against T-Mobile USA commercial real estate firm CB Richard Ellis, were settled, or resolved.

If you are using your electronic gadgets outside the office to perform off the clock work related tasks, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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