Work Time Challenges Presented by New Technologies
Employers benefit from having employees plugged in but that can come with its own set of issues.
In contrast to some of the historical work time issues that have spawned numerous interpretations, agencies and courts have provided employers with little guidance as to when employee use of new technologies counts as hours worked. Although the circumstances may be different, employers must rely on the same framework used to analyze historic work hour issues; does the activity primarily benefit the employer; is this a basic work function, or is the activity integral and indispensable to principal activities; did the employer know or should it have known about the activities; and are the activities de minimis? This white paper reviews how employers deal with remote access to computer systems, the use of mobile devices, and social media activities.
Partner and former co-chair of the Labor and Employment and Class Action Practice Groups at K&L Gates LLP
Advises employers on wage and hour payment, and compliance and compensation plan design
Assists employers responding to agency investigations; and represents employers in wage and hour, discrimination, and other employment lawsuits at the state and federal levels
Worked on hundreds of state, regional, and national wage and hour class actions, including lawsuits involving wage calculation and payment issues, entitlement to overtime and benefits, off-the-clock claims, challenges to exempt status, and claims to employee status
Listed as a top labor and employment attorney in The Best Lawyers in America and Chambers USA: America’s Leading Lawyers for Business, a super lawyer in Washington Law & Politics, a Washington State litigation star by Benchmark Litigation, and a leading employment lawyer in Seattle Business and Seattle Metropolitan magazines
Frequently speaks, writes, and testifies on wage and hour and wage payment issues
J.D. degree, with highest honors, University of Washington School of Law, where he was managing editor of the Washington Law Review; B.F.A. degree, Pacific Lutheran University