Legal Updates

Working on cellphone outside the working hours will not necessarily create an overtime payment liability

January 13, 2018

An employee who resigned filled a claim against its employer, inter alia, for overtime compensation for "round the clock" employment outside the frame of the working hours. The employee relied on printouts of telephone calls and a text in which it was written that to work 24 hours a day.
The Labor Court held that the working time on a mobile device will not be considered working time if the employee can use the free time for personal needs without frequent interruptions. Thus, use of a mobile device that is for work purposes may be considered de minimis under certain circumstances. The burden of proving extreme out-of-work working time is on the employee but it shifts to the employer if the Court is impressed that the employee's claim regarding overtime is true. Here, even if the employee was required to work hard, her contention of more than 15 hours overtime a week was not supported by a shred of evidence and the calls printouts did not show conversations at unacceptable hours.