NJ Employment Lawyer

“Texting After Work is Work?” – Winning the Right to Disconnect

“10 PM, Sunday morning… My boss texts me constantly. Is this billable hours?”

Client I worked at a marketing agency. Her official day ended at 6 PM, but her boss constantly sent texts and emails demanding “quick checks” or “files for tomorrow.” Client I found herself opening her laptop at home for 30 minutes to an hour every night. The company claimed these were “De Minimis” (trivial) tasks and refused to pay.

Song Law Firm’s Legal Analysis: Digital Labor is Real Labor.

With the rise of smartphones, “Off-the-clock work” is rampant. While employers often dismiss this as minor, Song Law Firm disagreed.

We argued that Client I’s after-hours work was regular, repetitive, and integral to her job. Using digital forensics, we extracted log data from her work messenger and email timestamps to visualize and quantify her “hidden work hours.”

The Result: Recognition of Digital Overtime

We turned invisible labor into visible compensation.

  • Result 1: Aggregated all after-hours log data to claim substantial Overtime Pay.

  • Result 2: Secured reimbursement for a portion of her smartphone and data plan bills.

  • Result 3: Negotiated a new contract clause explicitly strictly limiting after-hours contact or mandating pay for it.

If you can’t ignore the work notification, you should be paid for it. Song Law Firm protects your time in the digital age.


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Disclaimer: Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.

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