In the pre-pandemic days of brick-and-mortar work locations, determining a non-exempt employee’s compensable time was not very complicated or difficult to monitor.
It started when the employee arrived at work and clocked in. It ended when the employee clocked out and left the facility.
But according to Google, working remotely has increased five-fold since 2019. Currently, about 40 percent of all employees work remotely at least one day a week.
When does the compensable workday start and end for those employees?
Two federal courts of appeal – the U.S. Courts of Appeal for the Ninth and Tenth circuits – have said that it starts when the employees boot up their computers and log in at the start of work and ends when they log out and shut down.
But a federal judge in Ohio disagreed, and now the U.S. Court of Appeals for the Sixth Circuit has agreed to weigh in on the issue.
The Sixth Circuit decision, when issued, may provide clarity for some employers, and confusion for others as the law on this issue continues to evolve.
As of June 1946, the U.S. Supreme Court had ruled that compensable activities under the Fair Labor Standards Act included all physical or mental exertion required by an employer and pursued for the benefit of its business.
In the last half of 1946, employees (or, should I say, their lawyers?) filed more than 1,000 FLSA lawsuits seeking payment for uncompensated time,...
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