Any businesses that have employees working from home, i.e., telecommuting, should establish a written telecommuting policy and have the employee(s) sign off on that document to acknowledge receipt. The document should set out the framework and processes for the telecommuting assignment, the number of hours the employee is expected to work and how hours should be recorded. It should emphasize that employees cannot abuse the system to work overtime. There are many additional issues implicated by the fact that many employees are working from home, not all of which have to do with proper compensation under wage-hour laws, but are of equal or perhaps even greater importance. The telecommuting policy must address these issues as well.

Wage-Hour Issues

Since the onset of the pandemic, I have been swamped with inquiries from clients about what they should do, or can do, vis-à-vis both their non-exempt and exempt work forces and how these folks can be properly paid, but at the same time remain compliant with the Fair Labor Standards Act. As a basic premise, employees must receive at least the applicable minimum wage (in whatever state the employee works) for all hours worked, and then must receive overtime for all hours exceeding 40 in a work week. However, employees are not guaranteed that 40-hour work week. This is the new normal for businesses throughout this nation.