A Wisconsin maintenance worker filed a wage and hour class action for time spent “on call” with a company–owned PDA. The complaint alleges that he was “forced to work off the clock” just because the company provided the PDA. (Rulli v. CBRE.) The complaint alleged that the employer's demand for 15 minute turn-around equals a 24–hour workday.
However, the Courts have debated whether use of convenient electronic devices is a boon to employees or an infringement on their rights. Employees "waiting to be engaged" are generally not paid for that time, while those "engaged to be waiting" are. (Reimer v. Champion Healthcare; Pabst v. Okla. Gas and Elec.) How will this case turn out in California?
For more information, see my article Avoiding the PDA Time Trap at cookbrown.com.
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