The Department of Labor (DOL) has issued a guide to help employers manage wage-and-hour laws for remote employees. The bulletin addresses the Fair Labor Standards Act (FLSA), lactation accommodations, and the Family and Medical Leave Act (FMLA).
The FLSA requires employers to pay non-exempt employees at least the federal minimum wage for all hours work and overtime for hours worked in excess of 40 per workweek. Short breaks of 20 minutes are considered “compensable” time and must be paid. Breaks of 30 minutes or more do not have to be paid, provided the employee is relieved of all duties.
From one perspective, the DOL bulletin serves as a simple reminder that employers must ensure that non-exempt employees are accurately tracking their hours.
But remote employees, particularly those who work from home, may be tempted to put in extra hours (unseen and unrecorded) to catch up on work or otherwise help the team. As an employer, it’s a good idea to emphasize that you really do need your employees to track all hours worked.
Some employers are concerned with the bulletin’s emphasis on 20-minute breaks. Generally, employees who work from home may be interrupted multiple times throughout the day.
They may log in and officially start their workday, only to step away here and there to see a child onto the bus, take the dog on a short walk up the block, put laundry in the washer, and set out a snack when their kids get home from school. As long as each...
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