Close up of lights on police carIf a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed compensable work? While I’m not aware of any firm legal authority on the first question, a recent ruling by the U.S. District Court for the Northern District of Illinois offers a detailed and instructive analysis of the second. 

In Allen v. City of Chicago, a group of 51 of current and former officers in the Chicago Police Department’s Bureau of Organized Crime (“BOC”)  alleged that the City willfully violated the FLSA by requiring them to use their Blackberry devices for work-related communications while they were off duty without compensation. 


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