Due to COVID-19, the arrangement for telework has expanded. The U.S. Department of Labor has issued guidance to clarify an employer’s obligation to track teleworkers’ compensable hours.
In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise. While the guidance issued responds directly to needs created by new telework or remote work arrangements that arose in response to the coronavirus, it also applies to other telework or remote work arrangements. The department’s Wage and Hour Division (WHD) issued a field assistance bulletin to clarify an employer’s obligation to track the amount of paid work performed by employees working remotely.
The guidance reaffirms that an employer is required to pay its employees for all hours worked, including work not requested but allowed and work performed at home. If the employer knows or has reason to believe that an employee is performing work, the time must be counted as hours worked.
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