http://www.hrmorning.com/dangers-of-letting-non-exempt-workers-go-home-with-cell-phones/ Your daily dose of HR Thu, 18 Mar 2010 13:43:13 -0400 http://wordpress.org/?v=abc hourly 1 http://www.hrmorning.com/dangers-of-letting-non-exempt-workers-go-home-with-cell-phones/comment-page-1/#comment-31316 Mo Mon, 02 Nov 2009 16:44:00 +0000 http://www.hrmorning.com/?p=5847#comment-31316 I've been trying to find this "de minimis" clause in the FLSA and have not been successful. Has anyone out there seen this? We do have non-exempt supervisors who occasionally answer their cell phones while off the clock. The calls are from the employees they oversee working the evening shift and last only 1-2 minutes. It would be helpful to review and have a full understanding of this exception in case a supervisor should challenge it. My understanding is that (here in California anyway) if a non-exempt employee does any work, they must get paid a minimum of 2 hours. Getting paid for two hours to answer a two-minute phone call seems a bit excessive... I’ve been trying to find this “de minimis” clause in the FLSA and have not been successful. Has anyone out there seen this? We do have non-exempt supervisors who occasionally answer their cell phones while off the clock. The calls are from the employees they oversee working the evening shift and last only 1-2 minutes.
It would be helpful to review and have a full understanding of this exception in case a supervisor should challenge it. My understanding is that (here in California anyway) if a non-exempt employee does any work, they must get paid a minimum of 2 hours. Getting paid for two hours to answer a two-minute phone call seems a bit excessive…

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