When is an Employee’s Off-Site Work (e.g., from Home) Compensable.

A recent Ninth Circuit decision indicates that employers probably do not have to compensate employees for time they spend checking email or voicemail from offsite locations for incidental work related activities like picking up the employee’s daily assignments or work schedule. In contrast, however, the court’s holding indicates that an employer is obligated to compensate an employee for off-site activities that are directly related to the employee’s job duties such as performing or completing a work assignment, unless the time spent is de minimus. A more detailed analysis of the Ninth Circuit’s decision in Rutti, et al. v. Lojack Corp., and its implications for employers is set forth in the attached article by my colleagues Judith Droz Keys and Michelle D. Fife, www.dwt.com/LearningCenter/Advisories

About Stuart Campbell

Stuart handles transactional matters primarily for emerging technology and other high-growth companies. He has particular focus in representing companies in the wireless, Internet and game spaces. He has extensive experience representing founders, investors and companies in: entity formation; over 150 venture capital and angel financings; mergers and acquisitions, including distressed acquisitions and 363 bankruptcy sales; joint ventures, strategic alliances, and technology transfer and licensing matters. Stuart also advises clients on corporate governance matters.
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