That 1 A.M. Cell Phone Call to a Worker May Require Overtime Pay
Technology has created an atmosphere where employers can reach their employees at any time. Employees may feel obligated to respond to phone calls, even if they are not “on the clock.” Starbucks and ADM industries recently faced lawsuits where workers alleged that they were not being paid for work-related calls that took place when they were not actively on duty.
These scenarios bring into question what counts as “compensable time” and also may necessitate new laws that allow employees to disconnect outside of the workplace.
See "That 1 A.M. Cell Phone Call to a Worker May Require Overtime Pay", Genevieve Douglas, Bloomberg Law, January 28, 2019