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July 14, 2010
Compensatory Time and Remote Access Compensation

In a BLR webinar entitled "Off-the-Clock? How to Determine When Time Worked is Compensable Under Federal Law," Catherine Moreton Gray, Esq., an associate at Robinson and Cole LLP described rules for compensatory time:

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  • Nonexempt employees must be paid for all hours worked and time and one half for hours worked over 40 in a week.
  • Private employers are not permitted to substitute paying employees with compensatory time.

In a new world where it's possible to be connected 24 hours a day, seven days a week, telecommuting raises special problems:

  • Remote access to email, cell phones, pagers and Personal Digital Assistants (PDAs) creates new wage and hour issues for employers.
  • Nonexempt employees accessing email or responding to calls after hours may have to be compensated.

It's very important to have a clear telecommuting policy to track hours worked and avoid issues later on.

Catherine Moreton Gray, Esq. is an associate at Robinson and Cole LLP ( She has more than 20 years experience in human resources and employment law. Her practice is focused on advising employers on all aspects of the employment relationship, including representing employers in government audits, before administrative agencies and in federal and state courts.

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