A Matter of Time: Managing Wage and Hour Risks in a Digitally Connected World Prepared by Jeffrey Brecher Jackson Lewis P.C. (631) 247-4652 |
[email protected] Eric Magnus Jackson Lewis P.C. (404) 586-1820 |
[email protected] This paper is meant to provide information of a general and educational nature and does not constitute legal advice or create an attorney-client relationship. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. The views expressed in this paper are solely those of the authors and do not necessarily represent the views of their firm or its principals or clients. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis. ©2017 Jackson Lewis P.C. This paper is scheduled to be published in the June 2017 edition of the Journal of Internet Law, produced by Aspen Publishing. The authors would like to thank Jackson Lewis Associate, Roberto Concepcion, for his assistance with the preparation of this paper. 1 I. Introduction Many people are addicted to their phones. They check them constantly throughout the day (sometimes every few minutes) to determine whether a new e-mail or text message has been sent or a new item posted on Facebook, Instagram, Snapchat, and the myriad other social media applications that exist. To ensure immediate notification of incoming mail, users can also set their phone to provide an audio notification when a new e-mail, voicemail, or text message has arrived, and select from hundreds of tones to announce the message—whether a “chime,“ “ding,” or “swoosh.” But some of those addicts checking their phones are employees, and they are checking their phones for work related e-mail and messages.