Posted October 31st, 2012 in Legal Insights

When Twitter Time is Overtime

In this age of social media where organizations are monitoring and managing their online image 24/7, does it matter who’s maintaining social media sites and when they’re doing it?  Responsive, real-time social media monitoring and management often means working outside the confines of the office and the standard 9-to-5 business day, and if nonexempt employees are charged with these tasks, says Nilan Johnson Lewis Shareholder Mark Girouard, employers may be liable for overtime compensation. Likening the situation to adjustments employers have to make when choosing whether or not to invite nonexempt employees to after-hour networking affairs, Girouard says that even a brief tweet or Facebook post could be recognized as work time, and should be accounted for accordingly. “None of these rules are new, but no one is thinking about how they apply in the age of social media,” said Girouard. “When choosing to participate in social media, employers are wise to either enlist exempt employees, or to ensure nonexempt employees are tracking all activities and that overtime is being paid when their hours exceed 40 per week.” Contact Mark Girouard at (612) 305-7579 or mgirouard@nilanjohnson.com.