Laptops, BlackBerries, and other wireless devices intended to connect employees to the office outside of normal working hours can present potential legal dangers for employers under the provisions of the federal and state overtime laws, says the law firm of Pepper Hamilton LLP.

According to a Pepper Hamilton spokesperson, “if a non-exempt employee uses technology such as a cell phone, a remote Internet connection, or a BlackBerry outside of regular work hours and, as a result, works more than 40 hours per week, that work may have to be compensated as overtime.”

The firm advises employers to develop policies that include: limiting the amount of time that non-exempt employees can spend using these devices outside of normal work hours; requiring non-exempt employees to receive permission before using these devices after normal work hours; and requiring non-exempt employees to report all work time outside of normal working hours to ensure payment for work completed.

Pepper Hamilton also advises employers to institute policies regarding the use of cell phones for work purposes while operating a vehicle.