Am I Entitled to Pay for Checking My Work Email?

Did you know that if you are an hourly employee who responds to email outside of your normal work hours, you might be entitled to overtime pay? Photo of man with computer

National Public Radio recently had an interesting story about how President Barack Obama’s new overtime proposal could affect employees who are required to monitor their work email.

According to the news outlet, many companies will now have to weigh how they will pay workers who perform tasks outside of work. Under Obama’s proposal, the salary threshold for workers who would be required to receive overtime for working more than 40 hours per week would be more than $50,000 per year.

Currently, the threshold is only $23,660 per year and many people in managerial positions who make more are tasked with duties like checking their email without additional pay. One Pew researcher told NPR that the overtime changes might lead employers to convert more of their salaried managers to hourly pay, leading to employees who check their email during off hours to claim overtime.

“Two-thirds of all American adults have smartphones. The vast majority of office workers and many working-class workers also have smartphones,” the Pew researcher told NPR. “So these are now issues that involve lots more jobs than they used to.”

One professor said that fears of extreme overtime pay might lead some employers to shut down email servers after hours or place requirements in employee handbooks about when workers can access their email. Keep in mind, if you are in an hourly position, you should not be performing any tasks related to work without being compensated.

How Can a Los Angeles Labor Attorney Help Me With an Overtime Claim?

Hourly employees who have been denied overtime pay for working more than 40 hours per week may be entitled to recover unpaid wages, plus attorneys’ fees, costs, and interest through litigation

If you have concerns that your employer owes you back wages, make sure that our Los Angeles employment lawyers investigate your case. If you would like to speak to us about this issue, fill out the form on the side of this page.

Continue to follow our blog for more information about California wage and overtime news.

Kesluk, Silverstein & JacobLos Angeles employment attorneys