Workplace BlackBerry Use May Spur Lawsuits 286
An anonymous reader writes "From an article on cnbc.com: 'As employers hand out electronic devices to their employees at a greater pace, there are growing concerns that workers eligible for overtime pay, known as non-exempt employees, could begin suing their employers for overtime hours earned while tapping on their devices during after-work hours. As a result, lawyers are advising their corporate clients to update their policies and handbooks related to BlackBerry use and reconsider who gets a device.'"
Turned it down (Score:5, Interesting)
In 2003-2004 at my previous employer the company rolled out Blackberries to management and "key" personnel. Being responsible for a relatively large part of the infrastructure at this joint, I also got one.
One day I arrived at work and found the messaging group folks had delivered the BBs to some of the people in my area, and there was a box in my desk as well, with a little booklet (the must have cost a fortune to print, it was that well done) with usage policy (of course), instructions and steps for setting it up. The younger kids were besides themselves and already setting up the sync cradles and sending messages to each other. I picked up the phone and called the project manager, who was a friend of mine. I asked him to send one of his people to pick the box up.
"But everyone's getting one."
"I don't care, I don't want it."
"You are on Tier 1 and you're supposed to be on call..."
"I am. I have a cell phone, and if the IPC melts down at 3 AM, someone can call me."
"But this lets you check your email!"
"That's exactly why I don't want it"
A few days of back and forth politik ensued, and eventually my boss relented and let me be. Note that this was the time when the devices could not make phone calls - I hear they can now. Oh joy.
I figured that once I had that thing I'd never be able to get away from it, even on vacation. And that's exactly what happened to everyone else. People won't think twice about sending you an email for stupid little things at 10:00 PM, because they're working and figure everyone else should be as well. But making a phone call is very different, and most people won't do it unless it's something really important. People think it's no big deal because it's just a message. Bullshit.
If the data center is on fire, sure I want to know, no matter what time it is. But I don't want to hear little pings and murmurs from a PDA next to my bed because some VP couldn't find a file for tomorrow's presentation, or a fscking file server is down and Julie in accounting can't get to it. All that can wait until the morning.
If I had taken the thing and ended up in that 24/7/365 situation I don't think I'd sue my employer, but I would have probably ended up leaving a lot sooner than I did. Probably even if I were eligible for overtime. A case of "they ain't paying me enough for this crap" if I ever saw one.
It's their choice (Score:3, Interesting)
I've got a friend who have been given one. In my opinion it's both good and bad. The good side is that if you must send an E-mail, you can, and you don't have to stop your leisure and go home or go to workplace. The bad side is that more people expect you to reply quickly. But if you don't start replying quickly, few get such expectation. So my friend end up not attending to that new gadget when peaceful moments are more desired (which is most of the time).
At the end of the day, it's just a tool. They give it to you, it's their right. You might watch for message in it every second you're not sleeping, or you might just turn it off unless somebody makes you a phone call and you decide it is urgent enough, it's your choice. They can fire you, but they can always do so anyway.
Sure (Score:4, Interesting)
You have to pay for people to work. What a novel concept.
Re:Doh! (Score:3, Interesting)
While I agree with you in some respects -- in fact, a lot of folks are saying the current economic downturn is WORSE than normal because people are being expected to keep up with so much more in terms of insurance and other safety nets compared to previous recessions -- just because a subsection can't handle the control doesn't mean everyone should give it up.
I don't use a blackberry (because I'm still, admittedly, on my parents' plan and nobody involved wants to pay the extra per-line-per-month data charges), but my boyfriend does and he was connected to this thing right about when his carrier cut him out from under him. He's found ways to cope with a less feature-laden device, but still rough. Then again, when you're effectively the last line of defense in keeping a 24/7 radio station on the air, it's easy to see how he needs it.
In terms of other devices, though, I've been juggling at any given time:
- my laptop (obviously)
- a Nintendo DS
- a "smart" pedometer (technically a DS peripheral, but whatever)
- a Swatch smartwatch (which means it gets a little radio signal with things like important news bulletins, weather, and some vague stock reports. I could get MSN on it but I don't feel like paying for it)
- And my current "dumb" phone, which does calls, texting, and is my alarm clock.
Only one of these (the laptop) has any pertinent importance, and yet I notice the ones on my person the most (the pedometer and the watch) get my attention more often. There's something about a device that's attached to your body that makes you more attentive to it.
Combine this with the immediacy we already attach to phones, and a Blackberry becomes a risky combination. It's easy to see how such a thing can take over your life.
Non-exempt is a great thing. (Score:4, Interesting)
I'm currently a IT professional that is actually paid overtime for > 40 hours of work per week. Guess what - I don't have a blackberry.
If I want to earn more money, the next pay grade is exempt and (shocking) includes a blackberry.
It's like looking at crackpipe and trying to talk yourself into it. :\
Just mute the volume, that's what I do for my cell (Score:3, Interesting)
Re:Gotta agree with that. (Score:5, Interesting)
And since I spend NO time after work sending any work emails ... someone out there is spending an awful lot of time to make up for my slacking.
Yeah, I know that person. I work for them...
Maybe there's a generational gap here, but as a 20-something just entering the working world, I've found it striking how those 20-30 years older than myself have come to see email as the Infallible Silver Bullet of instant office communication. Email isn't always reliable, or instant, or even secure, yet it's increasingly treated that way.
For example, I receive one-liner emails from someone sitting at a computer in an office less than 30 feet from mine. Just walk over and ask your question, you know where I am. Well, okay, so I'm not always at the computer- in which case I'll get a followup email (or two) within 10 minutes asking why I haven't replied to the first message. We have numerous people who use email as an instant message service, shooting single sentence messages back and forth all day long. Our workstations even come with an IM client installed, and I've tried to instruct people to use it, but nobody does. They'd rather make a show out of spending at least an hour or two every day "doing email", as it's called around the office.
I'm convinced that the use of Blackberries will only make the problem worse. Email is quickly becomming the text messaging of the workplace, something it was never designed nor intended for. God help me if the boss ever gets a Blackberry, and figures out how to use it...
Why use a blackberry when you can txt? (Score:3, Interesting)
If something is down, you've got 140 characters or so to tell me about it. If it takes more than that, it's either not serious enough to make me care about, or it's serious enough for you to call me about.
Either way I'm fine with my LG 10000 Voyager, and personal laptop to remote in when travelling if needed beyond that.
They day I have a blackberry is they day I've sold my soul (and/or am making more ... heh).
Its not often I rule in favor of the corporations (Score:1, Interesting)
Its not often I rule in favor of the corporations, but this is one of them.
If you're supposed to work, work.
If you're supposed to be off duty, don't work.
I'm one to speak, I regularly stay overtime to get things done, but I'm aware that its my choice, my responsibility, and not any form of corporate command whatsoever;
I do it to get things done. Not blackmail my company!!!
Re:Turned it down (Score:2, Interesting)
Re:Turned it down (Score:2, Interesting)
Amen. I broke the 6-figure barrier earlier this year. In return, I am essentially on call 24x7, unless I'm on vacation. IN RETURN, I have the freedom to work whenever/wherever I choose. I support a dozen production database servers that are in use around the clock, by users around the globe. If there is an issue at 3:00am, I deal with it, no questions asked. I also don't roll out of bed the next morning and show up at the office ready to work, I show up when I'm ready, or I "work from home". Nobody questions it, nobody complains. If I need to leave in the middle of the day to take a kid to the doctor, or the orthodontist, or I just feel like taking a three hour lunch, I do so. Again, nobody questions it, nobody complains. It works well, I'm happy, my boss and his boss are happy, and my family is happy. I would never dream of throwing a fit and demanding to be PAID for that 3:00am phone call.
Re:Depends on the salary (Score:3, Interesting)
Well, of course not...if your a Doctor, you're usually working for yourself...
Being married to a physician I can assure you that most doctors do not work for themselves - at least here in the US. Most either work for a hospital or are employed in a group practice. Frequently the group practice is a partnership but not always. In the larger groups the doctor is usually an employee, especially if they have just finished a residency. The volume of paperwork and insurance issues plus lifestyle considerations make it increasingly un-economic to have a solo practice or even a small practice.
Re:Now is about the time... (Score:2, Interesting)
I would love it if there were a consensus on the salaried 40 hour a week among workers. Is it a seven hour work day with a one hour lunch break, times five? Is it an 8 hour day with one hour lunch break added on that is presumably "personal time", which then makes people skip lunch? What about bathroom breaks?
All of these little nitpicky details add up to a lot and usually end up working out in the favor of the company, against the workers best interests. I would be interested to hear other thoughts.