In its July 2015 notice of proposed rulemaking on the forthcoming changes to the “white collar” overtime regulations, the U.S. Department of Labor (DOL) recognized employer concerns regarding the remote use of electronic devices by overtime-eligible employees.  The agency promised to issue a Request for Information (RFI) in the near future “seeking information from stakeholders on the use of electronic devices by overtime-protected employees outside of scheduled work hours.”

In its Fall 2015 Semiannual Regulatory Agenda, published earlier this month, the DOL confirmed that it is publishing an RFI “to gather information about employees’ use of electronic devices to perform work outside of regularly scheduled work hours and away from the workplace, as well as information regarding last minute scheduling practices being utilized by some employers that are made possible in large part by employees’ use of these devices.”  The agency plans to issue the RFI in February 2016.