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Tag Archives: FLSA

Can Employers in an FLSA Overtime Case Issue Subpoenas Concerning an Employee’s Social Media, Banking, and Texting Activities?

Posted in Fair Labor Standards Act (FLSA)

Increasingly, employers are wrestling with how best to monitor and limit employees’ use of the Internet to conduct non-work-related activities. The issue may become more pressing in an FLSA overtime case, when an employer suspects (or an employee admits) that he or she spent a considerable amount of time during the work day using the Internet to conduct non-work-related activities. In such instances, the employer must decide how best to obtain proof of the employee’s conduct. One option may be issuing third-party subpoenas to the various Web sites and online services utilized by the employee, but that path is not without difficulty.

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