News & Analysis as of

Fair Labor Standards Act (FLSA) Telecommuting

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Clarifies Telework Eligibility Under FMLA and ADAAA, Including Reduced Schedule Leave for ‘Serious Health Conditions’

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently released informal guidance to address some issues arising under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) that...more

Venable LLP

U.S. Department of Labor Releases Guidance on Teleworkers

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The U.S. Department of Labor (DOL) Wage and Hour Division recently issued a Field Assistance Bulletin (FAB) advising on certain applications of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) for...more

Lathrop GPM

DOL Issues Guidance on Telework

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On February 9, 2023, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Field Assistance Bulletin No. 2023-1 (FAB) to help employers (1) better understand their wage and hour obligations under the Fair Labor...more

Littler

DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks

Littler on

On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats...more

Downs Rachlin Martin PLLC

Top 10 Reasons Why Remote Work Can Be Complicated

While there are many benefits to working from home, there are also a number of important things to remember when you have remote employees or if you are trying to implement a hybrid work solution.  We thought this list would...more

Jackson Lewis P.C.

Class Action Trends Report Spring 2021

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In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Baker Donelson

Does Your State Require Employers to Foot the Bill for Employees' Remote Work Expenses?

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As the COVID-19 pandemic hit, several states and localities implemented shelter-in-place orders to slow the spread of the coronavirus. Consequently, many workforces were thrust into remote work models without adequate time...more

Pullman & Comley - Labor, Employment and...

Employees Splitting Working Time Between the Office and Home? The DOL Reminds Employers About the Rules on When Commute Time is...

One of the consequences of the pandemic has been the increased prevalence of remote work or telework. As more and more people are vaccinated and life returns to something like pre-pandemic normalcy, it is not clear to what...more

Fox Rothschild LLP

Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

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As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more

Amundsen Davis LLC

DOL Clarifies That Not All Travel Time Is Compensable In The Era Of Telework

Amundsen Davis LLC on

On the last day of 2020, the US Department of Labor (DOL) issued an opinion letter impacting employers using telework arrangements in light of the COVID-19 pandemic. While a vaccine is now rolling out and we will hopefully...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

McAfee & Taft

New Year’s resolutions for employers and HR professionals

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Most employers spent 2020 trying to navigate the issues raised by the COVID-19 pandemic. While the pandemic is continuing into 2021, now that employers have found a new normal, it is time to make a list of goals for the New...more

Jaburg Wilk

Do I Have to Pay for THAT?

Jaburg Wilk on

DOL Issues Guidance Regarding Compensable Time for Time Spent Traveling - The Department of Labor closed probably one of the most challenging years in the labor and employment law world by issuing an opinion letter...more

ArentFox Schiff

DOL Issues Opinion Letter on Compensability of Travel Time for Teleworkers

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On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more

FordHarrison

Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace

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Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by...more

Gould + Ratner LLP

DOL Issues Updated Guidance, Report on Pandemic-Related Matters

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As employers and employees alike shift to new protocols and procedures amidst the COVID-19 global pandemic, the Department of Labor (DOL) reminded employers about their continuing responsibilities....more

Akerman LLP - HR Defense

Employees Are Responsible for Logging Remote Work Hours

Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those...more

Epstein Becker & Green

U.S. DOL Provides Guidance on Employers’ Obligation to Compensate Remote Workers

Prompted by the many new telework or remote work arrangements that have arisen in response to COVID-19, on August 24, 2020, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin...more

Littler

Navigating Natural Disasters During a Pandemic – Key Considerations for Your Workforce

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In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Labor Issues New Guidance on Remote Work

The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state...more

Sherman & Howard L.L.C.

Tracking Employee Hours In A Work From Home World

With employees continuing to work from home for the foreseeable future during the COVID-19 pandemic and beyond, keeping track of employees’ hours is a whole different ball game. Work schedules may not be as clearly defined...more

Weintraub Tobin

Employers Must Use Reasonable Diligence To Track Telecommuting Employee Hours

Weintraub Tobin on

With 31% (or more) of American workers working from home as of April 2020, according to a survey cited by the Bureau of Labor Statistics, and probably even more since then, most employers face important questions: what is the...more

Smith Anderson

DOL Guidance on Reporting and Paying for Telework and Remote Work Time

Smith Anderson on

In guidance issued August 24, 2020, the federal Department of Labor (DOL) reaffirmed that an employer is obligated to pay for all of the time that an employee works, including telework and remote work - "if the employer knows...more

Fisher Phillips

Labor Department Issues Guidance On Tracking Employees’ Teleworking Hours

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The U.S. Department of Labor just released a Field Assistance Bulletin (FAB) to provide employers with guidance regarding their wage and hour obligations to track the hours of employees working remotely or teleworking....more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

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Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

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