According to Gayle Porter, an associate professor of management at the Rutgers University School of Business in New Jersey, employers who encourage non-stop work connections via technology may wind up with liability for encouraging addiction among their staff.

"Owing to vested interests of the employers and the ICT industry, signs of possible addiction - excess use of ICT and related stress illnesses - are often ignored," she says.

Porter is the co-author of a forthcoming study and suggests that that existing workplace legislation that places the onus on employers to protect their employees could be extended to cover the dangers of 'technology addiction'.

"Courts have long recognized the special duty of employers to protect their employees. That's why employers will warn workers of dangers that they might not foresee, and enforce rules for employee conduct that promote a safe workplace," Porter says.

"It may be unfeasible to regulate how much people use technology. However, it is reasonable to imagine a time when policy-makers recognize the powerful influence of employers that sometimes results in harmful excess among the workforce. The pressure for using technology to stay connected 24/7 may carry employer responsibility for detrimental outcomes to the employees."

Porter cites tobacco litigation in the United States as a model of how the law and legal strategies evolve over time to find harm. "Legal scholars describe tobacco litigation occurring in three waves, each of which moved plaintiffs closer to success," says Porter. "In the 1950s, the theories put forth laid the groundwork for the legal decisions in the 1990s onward."

She says that the element of employer manipulation is important to determining liability. "If people work longer hours for personal enrichment, they assume the risk," says Porter. "However, if an employer manipulates an individual's propensity toward workaholism or technology addiction for the employer's benefit, the legal perspective shifts. When professional advancement (or even survival) seems to depend on 24/7 connectivity, it becomes increasingly difficult to distinguish between choice and manipulation."

Porter is not aware of any current court cases examining the subject, but suggests that employers concerned for the health of their workers and their bottom lines should to keep an eye on the matter… and encourage employees to walk away from their Blackberries, email, and cellphones while on vacation.