Employees who put in a full day of work, many of whom work in excess of the typical eight-hour day, are often still required by their employers to communicate via various group communication apps such as GroupMe, Twist, Slack and WhatsApp during their time off. The use of such group messaging apps is becoming increasingly common, with employers mandating that employees download the group messaging apps to their
personal cellphones. In addition to exchanging text messages, group messaging apps allow employees to review documents and listen to audio files, enabling them to communicate with colleagues as if they were in the workplace. Even though employees are performing work for the company, many employers do not compensate them for work done via these apps.
Employees may be entitled to recover unpaid wages for work performed off the clock under federal and state wage and hour laws. And because federal law allows a recovery of up to three years of unpaid wages, plus double in damages, such off-the-clock time messaging adds up to substantial backpay being potentially owed.
If your employer requires you to perform off-the-clock work, including regularly communicating via group messaging apps, you may be entitled to backpay. Contact us at email@example.com so we may evaluate your potential claim.