The COVID-19 pandemic spurred countless businesses to transition to a remote workforce. Today, despite the public health emergency ending May 11, many of those workforces remain fully or partially remote. To that end, the U.S. Department of Labor’s Wage and Hour Division issued a Field Assistance Bulletin in February regarding telework under the Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA).

The Bulletin discusses what FMLA and FLSA compliance looks like when a business employs teleworkers and how these laws apply to remote work. Specifically, the Bulletin provides guidance to the Wage and Hour Division field staff on how to ensure that remote workers are paid properly under the FLSA; how to apply protections under the FLSA that provide reasonable break-time for nursing employees to express milk while teleworking; and how to apply eligibility rules under the FMLA when employees telework.

Although DOL Bulletins are not legally binding authority, they still provide important guidance for employers on enforcement positions and clarification of policies or changes WHD policy.

FLSA Takeaways

Below are the key takeaways from the FLSA portions of the Bulletin for employers with remote or partially remote workforces:

• In general: Employer obligations under the FLSA, including the obligation to maintain an accurate record of all hours worked, apply regardless of whether the work is performed at the employer’s worksite, at the employee’s home or at some other...

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