Half of employees say getting those tech tools makes them feel important within the company, according to a recent WorldatWork survey. And 33% view the use of the tools as a key part of their total compensation package.

But they also see it as a double-edged sword — 42% of the respondents believe that being given a device means they’re expected to be available 24/7. Three out of four said they never turn the equipment off, and the majority admitted to using the devices between one and five hours a day during what they consider personal time.

So how can companies continue offering a benefit employees appreciate without the downsides that go along with it?

A lot of that depends on individual managers. If a boss makes a habit of e-mailing staff after hours, then employees will think they’re expected to check and respond to messages after hours.

It’s up to managers to set reasonable expectations.

Popular tools such as Apple’s iPhone give employees the chance to check e-mail and do other work anytime they want. Sounds great to managers who encourage maximum productivity.

But not to HR pros charged with ensuring wage and hour law compliance. The FLSA requires nonexempt employees to be paid for all the time they spend working, except for “de minimis” activities.

The law doesn’t spell out what’s de minimis and what’s not, but lawyers warn that even a short period of reading and responding to e-mails might be enough to require payment.

That’s a big problem when there’s easy way for the company to know there’s even work being done.

One possible solution: a policy against nonexempt employees’ use of e-mail outside their scheduled hours.

Also, managers should be warned not to e-mail nonexempt staffers after hours. If employees see that their boss sends them messages at night, they may feel pressured to stay in contact at all times.

After the presidential election was over, John McCain’s team sought to recoup some costs by selling used laptops, BlackBerries and other equipment used by campaign workers.

The problem: At least one of the devices still contained information that should have been deleted beforehand.

Investigative reporters in Arlington, VA, purchased a BlackBerry from the team. When they charged the phone and turned it on, they a list of about 50 donors’ private phone numbers, as well as hundreds of e-mails between campaign employees and volunteers.

Companies can face similar problems when they dispose of old computers and other equipment. That’s why it’s important to have procedures in place to make sure all data is properly wiped.

Employees and execs today are spending a lot of time with their BlackBerries and other electronic devices, according to a new survey by StudyLogic LLC.

Some of the report’s more shocking discoveries:

• 87% of employees bring their Personal Digital Assistants (PDAs) into their bedrooms at night
• 85% sometimes sneak a peak at their BlackBerry in the middle of the night
• 84% check e-mail right before bed and as soon as they wake up
• 62% say they “love” their PDA, and
• 35% would choose their PDA over their spouse.

Some of those numbers are disturbing, but that’s not to say technology is all bad. The good news:

• 85% say the devices let them spend less time in the office
• 84% credit their PDAs with giving them more time with family and friends, and
• 77% said the tools “help them enjoy life.”

We’ve written about the legal issues caused when nonexempt employees carry technical devices and work at home. But there’s also a wage and hour problem technology can cause with exempt employees.

The image of a high-powered exec checking his BlackBerry on the beach is a common stereotype. And it’s perfectly legal, as long he’s taking paid vacation time.

It’s another story when exempts take unpaid leave.

When someone’s on paid leave, you aren’t deducting from a salary. You’re deducting from a leave bank, which isn’t governed by the same strict laws.

But unpaid leave is different. Say that same exec takes a day of without pay. While he’s home, he spends a half hour checking and responding to his e-mail. It’s likely he’s owed a full day’s salary.

Why? The Fair Labor Standards Act (FLSA) lets you deduct from that salary in full day increments only. That means if an employee does any work during the day, they get paid for the whole day.

Preventing problems

The best way to prevent a problem is to educate employees, since most of them probably aren’t aware of the rules about salary deductions.

A simple reminder before someone takes unpaid time off would likely go a long way.

Technology’s made it easier for employees to work anytime, anywhere. And it may also make companies more likely to get sued for FLSA violations.

With exempt employees, catching up on work on a home computer or responding to e-mails with a BlackBerry is no big deal.

But as connectivity increases, nonexempts are more and more likely to do the same. And experts say that’ll result in a lot of lawsuits for unpaid overtime.

Most at risk are companies that give PDAs, phones and other devices to nonexempt employees, since that basically encourages them to work extra hours. But as more people buy those devices on their own and use them for work, that puts all employers at risk if the time isn’t being tracked.

Even if it’s prohibited

It’s dangerous territory, since employees don’t always tell their supervisors they’re working at home. But that doesn’t mean companies can’t be held liable. Take this example:

An administrative assistant often takes time at night to read and respond to her e-mail. She never records the time and has never told her boss that she does it.

But he regularly gets e-mails from her that are time-stamped during non-work hours. That might be enough to put the supervisor on notice that she’s doing extra work and is owed overtime.

‘De minimis’ work?

One possible defense for employers is the FLSA’s “de minimis” exception. The law says employees don’t need to be paid when they do work for “a few seconds or minutes” at a time.

In other words, if a nonexempt employee takes a couple minutes to check e-mail over the weekend, that time doesn’t need to be counted toward overtime pay. But there’s no set rule saying what’s de minimis and what isn’t, and courts have found that blocks of work as short as ten minutes have to be paid.

What to do

So far, the issue hasn’t been tested in court, but law experts warn it’s only a matter of time.

In addition to making sure any and all time worked is properly recorded, here’s how companies can avoid getting hit with those claims:

• Update policies – You have to pay overtime even if you have a policy against working extra hours. But giving people rules about when they shouldn’t work is the best way to avoid those sticky situations.
• Educate managers - If supervisors don’t understand the overtime regs, they may expect and encourage nonexempt employees to check e-mail and do other work at home.
• Limit communication – If managers call or e-mail employees after hours, they may feel encouraged to work overtime. That communication should be limited to critical situations.
• Withhold devices - If your company issues BlackBerries, laptops and other devices to employees, it might be a good idea to only give them to exempt workers.