Federal laws like the Fair Labor Standards Act and Telephone Consumer Protection Act impose automatic liability for workplace texting. Class action lawsuits from multiple employees can reach millions in damages. The T-Mobile and City of Chicago cases are real examples where companies paid millions in settlements specifically over text messaging practices.
No. Courts have ruled that employer policies cannot eliminate legal obligations under the Fair Labor Standards Act. If managers text employees about work outside business hours, the company is liable for overtime regardless of written policies prohibiting it.