If my boss issued me a work cell phone and told me to check my emails periodically and reply to time sensitive messages as well as answer if work calls my even on my days off, does this violate labor laws?
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If my boss issued me a work cell phone and told me to check my emails periodically and reply to time sensitive messages as well as answer if work calls my even on my days off, does this violate labor laws?
Asked on October 10, 2015 under Employment Labor Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, it does not violate labor laws the labor laws do not make time off or days off sancrosanct, and you can be required to work on them or to respond to messages, etc. on them. If you are an hourly employee, and the time you spent on the messages is more than de minimis e.g. more than a few minutes each day, you should be paid for the time you spend doing this--it is work--assuming you have tracked and substantiated it. But if you are a salaried employee, you do not need to receive any additional compensation for the additional work.
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