REMOTE EMPLOYEES
DOL Issues Guidance
On Tracking Hours Of Work For Remote Employees
On Aug . 24 , 2020 , the U . S .
Department of Labor ( DOL ) issued Field Assistance Bulletin No . 2020-5 to remind employers of their obligation to accurately account for the number of hours their employees work away from the employer ’ s facilities . While the bulletin was issued in response to the high number of employees working remotely because of the COVID-19 pandemic , the DOL is also reminding employers that the underlying principles apply to other telework or remote work arrangements .
COMPENSABLE TIME The federal Fair Labor Standards Act ( FLSA ) requires employers to compensate their employees for all hours of work . Compensable time includes any hours an employee is requested or allowed to work , including telework or remote work .
For remote work situations , the bulletin clarifies that compensable time includes any time during which the employer knows or has reason to believe work is being performed , regardless of whether the work was authorized or requested .
EMPLOYER OBLIGATIONS As a result , under the FLSA , employers have an obligation to track the number of hours their employees work . For this reason , employers must provide reasonable procedures for employees to report any scheduled and unscheduled hours of work . However , the DOL is of the opinion that “ if an employee fails to report unscheduled hours of work through a reasonable process , the employer is not required to undergo impractical efforts to uncover unreported hours of work .”
Finally , the bulletin emphasizes that employers bear the burden of preventing an employee from completing unauthorized or unwanted work .
FIELD ASSISTANCE BULLETINS
• Field Assistance Bulletins provide DOL investigators with guidance on enforcement positions and clarification of agency policy .
• FABs provide insight for employers on how the DOL plans to enforce compliance with federal law .
• Employers can access these bulletins through the DOL website . +
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