The Department of Labor (“DOL”) recently provided clarity on issues related to remote work and remote learning.
Reasonable Diligence in Tracking Remote Work Employee Hours
The DOL issued guidance on employers’ obligation to track the work hours of employees who are working remotely due to COVID-19 or due to an already existing telework or remote work agreement.
Under the Fair Labor Standards Act (“FLSA”), employers are required to pay their employees for all hours worked, including work not requested, but suffered or permitted. This includes work performed at home. If through reasonable diligence the employer has reason to believe that work is being performed, the time must be counted as hours worked. What constitutes reasonable diligence in the context of remote work? Employers are limited in their ability to monitor employees working from home, making it difficult to identify work performed in excess of their employees’ scheduled hours.
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