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  1. #1

    Default Hourly Employee Work Phone Laws

    My question involves labor and employment law for the state of: ohio. Hi, i am a production supervisor for a company in Ohio, I have been given a work phone and told I need to take it home with me. I am hourly not salary can they require me to take .y work phone home? am I supposed to be paid for any work related calls or emails after I clock out? thank you

  2. #2
    Join Date
    Oct 2016
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    Default Re: Hourly Employee Work Phone Laws

    Yes, they can require you to take the phone home.

    The compensation is a murkier issue.

    There is a de minimus exclusion in the FLSA. The DOL will look at three issues.

    (1) the administrative difficulty in recording the time, (2) the aggregate amount of time worked without compensation, and (3) whether the work is of a type performed on a regular basis.

  3. #3
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    Default Re: Hourly Employee Work Phone Laws

    Hourly doesn't mean anything. The question is whether you are an exempt employee or not. Supervisory employees usually qualify as such. As a result, the employer can make all the non-compensated demands he wants on your time as long as your aggregate pay is above minimum wage.

  4. #4
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    Default Re: Hourly Employee Work Phone Laws

    The OP states he is hourly not salary.

  5. #5
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    Default Re: Hourly Employee Work Phone Laws

    Quote Quoting PayrolGuy
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    The OP states he is hourly not salary.
    True, and hopefully, he's not in one of the industries that has exempt hourly employees.

  6. #6

    Default Re: Hourly Employee Work Phone Laws

    Quote Quoting flyingron
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    True, and hopefully, he's not in one of the industries that has exempt hourly employees.
    well I am I. agriculture so I suspect im screwed

  7. #7
    Join Date
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    Default Re: Hourly Employee Work Phone Laws

    Hourly OT exemption means your employer doesn't have to pay your 1.5 times your normal rate when you work over 40 hours per week. It does mean they don't have to pay you at all for some hours.

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