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FNC legal analyst Arthur Aidala and The Daily Muse CEO Kathryn Minshew on whether employees should be paid overtime for work-related emails and phone ...
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Our at our top story tonight as a potential landmark legal case at a Chicago.
It impacts anyone with an employer issued Smartphone.
As Chicago police sergeant claims that studios in overtime paper all of the time you spent answering emails outside work.
On its mark -- he says he was pressured by responses to be available after hours but he wasn't he the bad time winds right.
Now as many as 200 other officers are expected to sign on to the suit.
And it could cost the city of Chicago millions still should you be getting paid for answer your emails and your black rate home.
With -- now are Fox News legal analysts aren't very -- -- an employment expert Catherine did issue founder and CEO of the career -- its website the news.com.
Thanks to both of you for journeys are what do you think I mean this -- something that applies to every one I think almost everybody is Smart -- now.
They take home the working in the in the -- kinds of pressure to -- called the time what do you think.
I think that that part of it stinks I think -- ruin our lives and he drew the -- life.
I think given statistic that ruined marriages the first thing people do when they wake up reject your Blackberry -- whatever you have.
Hello America welcome to the United States of America where you have freedom so you don't -- -- feel like you have to answer your Blackberry don't.
And if you lose your job because of that thing goal open -- old bagel store or your own pizzeria.
We don't hardware store and be year old boss that's no it's forcing anyone to be police -- I.
That -- -- people feel absolute.
It forced to be called the time is it -- -- -- and I think we're in an area right now we're technology is I'm moving ahead of some of the -- cultural norms and events that I mean it was the forty hour work week for the longest time you were at work and you -- -- -- -- -- and I.
-- -- Exactly but the American dream up again and people would you know would go home have -- -- time and now with Smartphones with blackberries.
You know that that's that's completely that's really not the reality for a lot of America.
Case I quote the -- yeah corn should police brass pressured subordinates meaning detectives.
In the department's organized crime bureau to answer work related calls -- emails on their blackberries.
And then -- dissuaded the offices from filing for over time.
And then the cops -- saying well.
And the only way you can be promoted was by doing the -- have you not got I mean I don't know yeah when you get in the next say (%expletive) didn't look at my email last night.
Is that's how we succeeded America it's -- Basically it's not a merit based system.
So yeah the detective who does go the extra yard whether it's a before witness is gonna test the -- he gets -- a sausage and pepper hero.
And make them comfortable -- -- about compared to the guy who doesn't yeah.
-- is there a difference if you're salaried or hourly.
I it does seem like there's if you're salaried it seems like you're expected to go the extra mile you -- when -- on and off the clock is much cooler -- Exactly -- salad workers these days I think there's an expectation particularly in management executive positions that you'll be available pretty much 24/7 to answer questions -- fires.
But with swift shift workers with hourly workers are certainly.
Less and expectation and I think.
The distinction here in this case which will be interesting to me is whether this was you know checking the Blackberry to make sure that nothing is flaring up or whether this was -- -- sustained.
You know longer phone calls answering that question because the -- why in the world are -- paying for you to have a Smartphone if it isn't to answer were questions at home lending that's either pay -- -- that's why you -- -- if you don't wanna be -- you refuse the -- but.
Adding that that is supposedly why you have it.
They wanted to -- as you're going to have any response and we needed during the day as well but he is the final well I have to -- out you know it didn't know they shouldn't be network -- you know you're right.
You're right and of course the -- -- the personal calls right children but we don't even go there.
This they cannot this lawsuit can.
They can't win regularly when I -- they can't -- going to be an enormous amount of pressure from the unions and for labor for them to win it would judge allows this to happen.
The whole economy of Chicago and then this is everywhere and it's now yeah or else extra cash -- every.
I think every fireman police officer had a -- part that everyone -- for the city government and -- -- spilled over into the private sector right I'm getting overtime with the 8 o'clock I'm checking my email when Doug.
Not that Katherine and there is a benefit to and I know -- somebody you know what I -- worker might leave work to go pick up my -- the -- the data do something I have my phone I'm in pocket I can responding to what's going on someone can reach me and say come -- this and you work in the -- -- -- -- -- anyway.
-- little of the debt.
My son's first -- or something in the middle of the day you come back there is somebody can I answer I cannot upcoming -- out exactly because we -- you know we've been sort of conditioned to think.
That working from 9 am to 5 PM has the right waited for a lot of people that they might be more creative and other times I think it's a positive trend that we're seeing people sometimes taking work home working late at night if that's what -- are.
It's just a matter of figuring out what's the best thing to do that and make sure people are compensated real quick money meter on a scale of one to money what do you think is the chances this lawsuit is successful -- that you first that's so cool ones on Monday it -- -- very outlook as well again okay.
It's right -- wouldn't.
To add best and that's like it is the judge who -- whose deep hole incident to big labor beacons the -- -- exit this press we're trying very hard here are.
Wow yet.
What do you think Katharine give us your best money -- on I don't for -- and I don't necessarily any check going to be now I agree with you think that's too far.
I think if that -- they instantly say.
That that they were denied promotions are given promotions based on expensive out of the office work I think I think and.
Who would really -- The citizens good value of the achievable organized crime calling -- -- and I don't think I got these he do is do that -- senate.
Not all of the -- -- and I my guess is the majority of the -- is don't do that.
And that's because -- great that you're just -- commander and even know what to do with a look at I am I -- -- Yeah my -- analysts here.
We're only gonna hear IRA I gave my -- that yeah.
I think our question have been.
