Employees who don’t want to check their BlackBerrys during their off-hours may have a good reason not to do so – they are saving their employer from potential liability:
Surgeons and the police aren’t the only people who are expected to be on call 24 hours a day anymore. With the increasing proliferation of personal wireless devices meted out for business purposes — such as BlackBerrys, cell phones and notebooks — there is a growing threat that employees who abuse such technology will grow resentful and decide to take legal action against their employers. Possible claims could include dependency, stress-related illnesses and carpal tunnel syndrome. Additionally, employers must be concerned about overtime pay claims by nonexempt employees, proactively defending against employees seeking recompense for time supposedly spent working while off the clock. These claims could arise under the Federal Fair Labor Standards Act or state wage-hour laws.
Law.com – How to Avoid Lawsuits by Tech-Driven Employees (Tip of the hat to PointofLaw.com for the link).
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