Yes, in some situations.
If an employee is not exempt from overtime under FLSA, he or she is generally entitled to overtime pay for work performed in excess of 40 hours per week. However, FLSA does not require employers to pay their employees for small amounts of time that are insubstantial or insignificant.
Courts will attempt to determine whether the time spent working after hours requires overtime pay. First, they will consider the practical administrative difficulty of recording the additional time. These times are likely to vary among different employees, and it may be administratively difficult for employers to monitor and record smartphone use or the use of other technology.
Next, courts will consider the aggregate amount of compensible time. There is no magic number that must be met to qualify, and cases are viewed on an individual basis. One five minute phone call may not be enough to qualify, but if multiple five minute phone calls are occurring regularly, this may be a valid claim for overtime pay.
If you or someone you know if not being paid overtime as required by the FLSA for after hours phone calls or e-mails, please call our overtime attorneys at (855) 754-2795. We will listen to your situation and determine if you have a claim. We do not charge any legal fees unless you receive a settlement. There is nothing to lose, so call us today!