{ "id": "R41993", "type": "CRS Report", "typeId": "REPORTS", "number": "R41993", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 390572, "date": "2011-09-12", "retrieved": "2016-04-07T00:33:56.320221", "title": "The Fair Labor Standards Act, Overtime Compensation, and Personal Data Assistants", "summary": "The increased use of personal data assistants (PDAs) and smartphones by employees outside of a traditional work schedule has raised questions about whether such use may be compensable under the Fair Labor Standards Act (FLSA). As PDAs and smartphones provide employees with mobile access to work email, clients, and co-workers, as well as the ability to create and edit documents outside of the workplace, it may be possible to argue that employees who are not exempt from the FLSA\u2019s requirements and who perform work-related activities with these devices should receive overtime if such activities occur beyond the 40-hour workweek.\nThis report reviews the FLSA\u2019s overtime provisions, and examines some of the U.S. Supreme Court\u2019s seminal decisions on work. Although PDAs and smartphones provide a new opportunity to consider what constitutes work for purposes of the FLSA, the Court\u2019s past FLSA decisions, including those involving on-call time, may provide guidance on how courts could evaluate overtime claims involving the new devices.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41993", "sha1": "f1285b5de4ea8503984370efbc2aa64b1127adc2", "filename": "files/20110912_R41993_f1285b5de4ea8503984370efbc2aa64b1127adc2.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41993", "sha1": "8aa457e1f2ad4f3cc10c194a0363cd27d2a390b1", "filename": "files/20110912_R41993_8aa457e1f2ad4f3cc10c194a0363cd27d2a390b1.pdf", "images": null } ], "topics": [] } ], "topics": [] }