According to Business Insurance, the Chicago Police Department is being sued by a sergeant on the force for overtime that he asserts was earned while using his smart-phone while he was off the clock. The lawsuit is a proposed class action.
Pursuant to the Fair Labor Standards Act (FLSA), nonexempt employees are to be compensated for time spent working over forty hours per week. This work does not necessarily need to be required by the employer. It can be work merely for the benefit of the employer. Thus, the existence of a smart-phone and its subsequent use off of work hours by a nonexempt employee may cause overtime pay issues for the employer.
In this case, the sergeant with the department alleges that he was provided the smart-phone for the purposes of accessing voice mails, work related emails, and department texts. He claims that much of the department work was accomplished with use of his smart-phone. Therefore, he is seeking overtime pay for the time he spent working beyond the forty-hour work week.