Dallas attorney Rogge Dunn said the case highlights the challenges that employers face in a digital workplace as employees have constant access to work product and, as alleged in the Texans case, are encouraged to be on the job even when they’re not at the office.
“If an employee turns on his computer on a Saturday, is he working? If so, he needs to be paid, and then does that push the employee over 40 hours?” Dunn said. “It’s emblematic of an employer’s worst nightmare in the digital age. How do you record time spent checking e-mail? If you’re required to check your phone every 10 minutes, it starts to add up.”