If my boss issued me a work cell phone and told me to check my emails periodically and reply to time sensitive messages as well as answer if work calls my even on my days off, does this violate labor laws?

Asked on October 10, 2015 under Employment Labor Law, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it does not violate labor laws the labor laws do not make time off or days off sancrosanct, and you can be required to work on them or to respond to messages, etc. on them. If you are an hourly employee, and the time you spent on the messages is more than de minimis e.g. more than a few minutes each day, you should be paid for the time you spend doing this--it is work--assuming you have tracked and substantiated it. But if you are a salaried employee, you do not need to receive any additional compensation for the additional work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.