|Title||FLSA, Nonexempt Employees, and Mobile Technology|
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FLSA, Nonexempt Employees, and Mobile Technology
If you have not exempt employees and they use their laptops or smartphones to do business after hours, you run the risk of violating the Fair Labor Standards Act (FLSA). Nonexempt employees who are paid by the hour must be paid for all time worked. So if they are doing work at home on their laptop or smartphone, they must be paid. You can protect your school by having an after-hours-mobile-technology policy for your nonexempt staff. You should state that, at a minimum, nonexempt employees must report any work time spent using mobile technology. You could also require your nonexempt employees to get permission before using the mobile technology outside work hours. But remember that even if you have this policy and requirement in place and they still use the mobile technology after hours for work, you must pay them. However, you can then discipline them for violating policy.
Notice: This article is designed to provide accurate and authoritative information in regard to the subject matter covered. It has been provided to member schools with the understanding that ACSI is not engaged in rendering legal, accounting, tax, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Laws vary by jurisdiction, and the specific application of laws to particular facts requires the advice of an attorney.
Association of Christian Schools International
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