Policies protect against potential liability
In April, a jury in Massachusetts, cleared four Boston police officers of federal overtime theft and fraud claims, rejecting Department of Justice claims the officers left their overtime shifts two or more hours early but submitted fraudulent overtime slips claiming to have worked the entire shift.
The officers were apparently supposed to work an overtime shift of 4 to 8 p.m. but usually left by 6 p.m. or earlier. The prosecutors alleged the four officers received over $200,000 in false overtime pay.
The officers’ lawyers claimed the early departures were a “time-honored, accepted practice.”
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Two other officers had earlier pleaded guilty to the theft and embezzlement charges in exchange for a reduced sentence.
Employers appreciate the employee who is willing to do some work after hours, responding to email, taking or making phone calls or otherwise engaging in work-related communications from a laptop, smartphone or other electronic device.
However, employers can unwittingly accrue liability for overtime pay as a result of such activity because they are required to pay their employees for checking and responding to work-related emails during what would normally be the employee’s personal time, if that employee is classified as “non-exempt” under the federal Fair Labor Standards Act
The rule also applies to any form of communication, such as texting, instant messaging, and phone calls. (“Exempt”...
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