Is being required to check your email or phone when you're off the clock or out of the office considered being on-call and, therefore, compensable work-time?

The answer is sometimes yes, sometimes no. The answer will depend on a number of different facts such as how much or often is the employee required to check his or her email? When they check their email are they expected to respond? How often are they required to respond? What are the consequences if they don't respond in that time frame? Same questions apply to text messages. There are other factors that can come into play also. 

Police officers in Philadelphia recently prevailed on an unpaid overtime claim premised on requirements that they check their email and/or phones when they were supposed to be off the clock and will share an $8 million settlement. Philadelphia Police Union Wins $8 Million Settlement in Overtime Dispute.

Lexington, Kentucky overtime lawyer Robert Abell helps employees and individuals recover the overtime and wages they've earned but not been paid; contact him at 859-254-7076. 


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