Does time spent answering emails or using a mobile phone for work outside of normal hours count towards overtime for non-exempt employees?

For nonexempt employees who respond to emails or calls outside of normal work hours on a “regular” basis, that time is counted as work time for overtime purposes. If a non-exempt employee responds to emails or calls briefly and “very occasionally,” then court cases have considered that to be “de-minimis” and therefore not counted for overtime purposes. However, supervisors have discretion to establish overtime approval processes.