News & Analysis as of

Telecommuting Fair Labor Standards Act (FLSA) Employer Liability Issues

Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and... more +
Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and employers. Telecommuting arrangements often vary depending on the workplace. In some arrangements, employees may never come into a central office. While in others, employees may only telecommute a few days per week or month.  Telecommuting can lead to greater employee satisfaction and productivity; however, some employers may find that working frequently outside the office diminishes team building and brainstorming. In addition, allowing telecommuting may implicate certain workplace legal issues.  less -
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

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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

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

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

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

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

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

Fisher Phillips

Labor Department Issues Guidance On Tracking Employees’ Teleworking Hours

Fisher Phillips on

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

Seyfarth Shaw LLP

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division's Latest Guidance on COVID-19 and...

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The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”).  ...more

Seyfarth Shaw LLP

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division’s Latest Guidance on COVID-19 and...

Seyfarth Shaw LLP on

The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”). ...more

Epstein Becker & Green

The “Tele-Summer Job” Season – 5 Considerations for Employers

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With summer rapidly approaching and COVID-19 shelter-in-place orders still in effect, many companies face an important and difficult decision of canceling this year’s summer programs, delaying start dates or conducting...more

Epstein Becker & Green

Work from Home Policies During COVID-19: Limiting Non-Exempt Employee Compensation for Waiting Time and On-Call Time

Epstein Becker & Green on

Given the number of states that have already ordered the closure of non-essential businesses due to the COVID-19 pandemic, employers fortunate to remain operational are likely dealing with the myriad challenges of a remote...more

Burr & Forman

Coronavirus Pandemic – Now What? Can Employees Work From Home?

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Now that the World Health Organization (“WHO”) has designated coronavirus (“COVID-19”) a pandemic, employers may wonder what, if anything has changed and how they can help prevent workplace exposure for their employees....more

Troutman Pepper

FLSA Implications When Telecommuting Due To Illness

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Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from...more

Seyfarth Shaw LLP

The Road To FLSA Litigation Is Often Paved With Good Intentions

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Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more

Jackson Walker

Employer Considerations in the Wake of Devastation

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As businesses resume operations and start the recovery from Hurricane Harvey, they are likely to face a variety of employment related challenges. These are a few of the issues that employers should be prepared to address....more

Littler

Picking Up the Pieces: Employer Responsibilities in the Aftermath of Hurricane Harvey

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Hurricane Harvey is relentlessly drenching southeast Texas and the surrounding areas, resulting in unprecedented flooding and damage. As the storm rages, many employers are wondering how to respond and what happens next....more

Seyfarth Shaw LLP

Practical Advice for Weathering Pay and Leave Issues Following Hurricane Harvey

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Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may...more

FordHarrison

HR issues that arise when natural disasters hit

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Natural disasters, like Hurricane Harvey, raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting...more

Littler

Inclement Weather FAQs: Who Gets Pay for a Snow Day?

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As winter progresses, employers may find themselves monitoring the weather and wondering how to handle numerous operational headaches. Should a worksite close? If so: when, and for how long? Who can work from home, and who...more

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