activity. In addition, today, most business is conducted by use of e-mail, texting and similar electronic communication. Reliance on I-Pads, I-Phones and laptop computers, can mean that work is never really done. If a non-exempt employee spends time responding to e-mails or texts after regular work hours, there is likely overtime liability being generated.
Conclusion As is evident by the various examples discussed, the potential for improper pay is present in a wide variety of circumstances. Overtime claims are one of the most frequently filed legal actions that employers must confront. By adopting pro-active policies and closely monitoring when and what employees are doing, many of these types of claims can be avoided.
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
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