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вЂњUltimately, the new legislation being discussed and interpretation of the current laws could potentially be a big problem for entrepreneurs,вЂќ says Nader Anise. For example, telling your employees that вЂњJust because I sent you an email at 9:30pm doesnвЂ™t mean I expect you to answer it before tomorrow morning.вЂќ Better yet, develop policies and guidelines around after hour correspondence to get ahead of these issues. In order to protect yourself and avoid potential class action lawsuits in the future, entrepreneurs must set clear guidelines, expectations and boundaries for their workers. One Possible Solution: Setting Guidelines and Clear Expectations

If this regulation gets the green light, then there will be much broader implications and potential individual and class action lawsuits among unsuspecting entrepreneurs. Of course, like all laws, there are exceptions to the rule and other factors that come into play.вЂќ And while this may not be an issue for you right now, there have been efforts by the Obama administration to increase these figures, raising this floor from $455 per week to potentially as much as $900 or $950 per week, or around $50,000 per year. If you make less than that, thereвЂ™s a good chance youвЂ™re entitled to overtime pay. The general definition of an exempt worker is someone who is a white-collar worker who earns more than $455 per week or $23,600 per year on a salary basis. The Legal Implications of After Hours ContactДЄs part of the Fair Labor Standards Act, Nader Anise explains, вЂњExempt workers are not eligible for overtime pay. вЂњhomeвЂќ have been at least blurred and arguably eliminated, how does the employee ensure reasonable downtime to stop working and recharge his or her batteries? But what happens when the work keeps piling on and employees feel the pressure to work increasingly long hours just to keep up with the increasingly unrealistic expectations of individual productivity? If the traditional boundaries of вЂњworkвЂќ vs. Smartphones further blurred the lines between work and personal time. This allowed for more employees to work from home, work non-traditional hours and leverage screen-sharing, video and other technology for impromptu collaboration.

Traditional office hours at a physical office morphed into a productivity focused, вЂњI donвЂ™t care where or when you work as long as you get your work done on time and within budgetвЂќ attitude. As part of a desire for startups and вЂњleanвЂќ companies to attract workers, many entrepreneurs began thinking differently about the traditional office setting. For many, having a smartphone by your side means you can instantly see whoвЂ™s emailed, texted or called you about work-related issues and as part of a desire to deal with urgent issues in the moment, many employees get sucked into responding and dealing with requests long after the workday is done (assuming traditional office hours). In a recent Wall Street Journal Article it was estimated that as much as 44% of employees use their phones to check work email and work-related text after hours. Are employees expected to be on call 24 hours a day, 7 days a week? What is the fair compensation model for employees when the line between work and personal time has been blurred?вЂќ вЂњThe crux of the issue thatвЂ™s being decided right now in the courts is about overtime pay as part of the Fair Labor Standards Act. вЂњThe lawsuits are starting to catch up to technologyвЂќ says Nader Anise, Esq. The expectation of what happens next is currently being evaluated by our legal system and may lead to some sizeable class action lawsuits. With so much on your mind all the time, many entrepreneurs have turned to sending emails, text messages and even calling their team when a sudden burst of inspiration hits, ideas surface or forgotten tasks are suddenly remembered-often late in the evening and over the weekends. ItвЂ™s hard not to, as much is riding on your business success. When you launch your own company, chances are youвЂ™re thinking about it every waking hour including nights, weekends and even while on vacation.

It is important to recognize that the current laws on the books are ripe for change, or at the very least are likely to be interpreted differently in the future. The way we work today has evolved well beyond the scope of many of the laws we are currently operating within.

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