Yes. As long as an employee is not exempt from overtime under the FLSA, he or she may be entitled to overtime pay for work performed in excess of 40 hours per week. However, FLSA does not require employers to pay for small amounts of time that are deemed insubstantial or insignificant.
To determine whether time spent working after hours in eligible for overtime pay, first courts will consider the practical administrative difficulty of recording the additional time. Sometimes, 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 threshold that must be met to qualify, and this is often determined on a case by case basis. For example, one phone call after work may not be enough to qualify, but a repeated pattern of phone calls on consecutive days may be a valid claim for overtime pay.
If you or someone you know is not being paid overtime as required by the FLSA for after hours phone calls or e-mailing, please call our award winning overtime pay attorneys at (855) 754-2795. We will listen to your situation and determine if you are eligible for an overtime claim. We do not charge any legal fees unless you receive a settlement check, and we will pay all court costs and litigation expenses. There is nothing to lose, so call our legal team today!