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Blackberry Policy
Benefits & Compensation
Blackberry Policy
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I posted this in the general forum but haven't received any responses. Background: For a couple of years now we have issued a blackberry to certain non-exempt employees who were given approval by S
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Blackberry Policy

posted at 2/16/2009 5:41 AM EST
Posts: 52
First: 9/8/2005
Last: 3/16/2010
I posted this in the general forum but haven't received any responses.

Background: For a couple of years now we have issued a blackberry to certain non-exempt employees who were given approval by Sr. management. Due to wage and hour and overtime risks I recommened we stop this practice.

I got approval and was wondering if anyone has a policy in place they can send me stating that non-exempt employees are unable to get a blackberry.

Blackberry Policy

posted at 2/16/2009 6:15 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
"Due to issues related to FLSA's overtime provisions and working while not clocked in, non-exempt employees are not permitted to have company-provided Blackberry phones."

However, this doesn't stop your liability. Blackberry's are usually not the only access that an employee has to work issues.

If the employee is able to "check in" to the system through email or other ways and does work while not on the clock, you need to decide how you will handle or track that. Hopefully your IT dept can track who is on the system when and for what purpose.

Blackberry Policy

posted at 2/16/2009 8:26 AM EST
Posts: 52
First: 9/8/2005
Last: 3/16/2010
rrupert, so do you have a policy?

Blackberry Policy

posted at 2/16/2009 10:30 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
No, actually we don't, but then again we don't have any employees with Blackberry's. We do have employees with cell phones. And the same issue arises anytime a non-exempt employee can be asked to do "work" outside of work (Which is not defined absolutely in the FLSA).

But that is the policy I would put into place if needed. Ours is pretty much nonexempt employees should be doing NO work off of the clock...whether on a Blackberry, a laptop, a cell or by any other means.

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