The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on Feb. 9 to clarify the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers, as well as the Family and Medical Leave Act's (FMLA's) hours-of-service eligibility requirement for teleworkers.
The DOL also explained in an opinion letter the same day that eligible employees with serious health conditions who require reduced work schedules may indefinitely use available FMLA leave.
The primary focus of the FAB "is on hours worked, meal and rest breaks, lactation breaks for nursing mothers and FMLA compliance, all in the context of remote employees," said Jim Coleman, an attorney with Constangy, Brooks, Smith & Prophete in Fairfax, Va.
Compensable Time Under the FLSA
"The single greatest challenge in employing remote nonexempt employees is creating an accurate record of hours worked each day," Coleman said. "The FLSA's record-keeping requirements for nonexempt employees apply equally when the employee is working from home or from some other remote location."
He said that FAB 2023-1 doesn't change the FLSA or the regulations, but it does remind employers of the DOL's view on FLSA compliance in the context of remote workers.
The FLSA requires covered employers to pay nonexempt employees for all hours worked, including work performed in their home or otherwise away from the employer's premises, according to the FAB.
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