"New BlackBerry Battle Looms," San Diego Daily Transcript
Littler's Jeremy Roth notes that employers should be wary of blackberry usage by non-exempt employees. "It's naive to think that giving a BlackBerry or any other PDA or cell phone, for that matter, to a non-exempt employee won't lend itself to them saying they're doing work after hours," said Roth. "And in the case of a BlackBerry, they can prove it." Roth adds that it is a risk to employers in today's round the clock workplace. "The work world, particularly in the services industry, it's all about responsiveness. We encourage people to be responsive. So if you're available 24/7, and you're doing something as a non-exempt employee, then you're getting paid for it."