The Department of Labor (DOL) provides guidance on tracking hours of work for remote workers to ensure compliance with labor laws such as the Fair Labor Standards Act (FLSA.) For many businesses, remote employees can pose a challenge in knowing exactly what to do with reporting their hours. After all, employees in the office take breaks, go to lunch, and they should. That is not only required, but it is also building a strong work culture.
Today, remote work is much more common, and often, remote may even mean half a world away from you. In this blog we are going to explore the key points and requirements from the Department of Labor for remote workers.
DOL Guidelines for Remote Workers:
Here is a run-down of the main things small businesses must follow when it comes to DOL guidelines for remote workers. As always, if you have questions, do not Google it. Call us, we are here to help.
- Recordkeeping Requirements: The FLSA requires employers to keep accurate records of hours worked for non-exempt employees, regardless of whether they work on-site or remotely. This includes tracking regular hours, overtime hours, and any breaks taken.
- Timekeeping Systems: Employers should implement reliable timekeeping systems that accurately track remote employees’ hours worked. This may include electronic timekeeping systems, mobile apps, or other methods that allow employees to record their time remotely.
- Communication and Expectations: Employers should clearly communicate their expectations regarding remote work hours and availability to employees. This includes specifying regular work hours, any flexibility allowed, and how employees should report their hours worked.
- Monitoring Work Activities: While employers cannot necessarily monitor every aspect of remote employees’ work, they can establish performance metrics and expectations to ensure that work is being completed satisfactorily within the agreed-upon hours.
- Overtime and Breaks: Remote employees are entitled to overtime pay for hours worked over 40 in a workweek, as well as any required meal and rest breaks according to state and federal regulations. Employers must accurately track and compensate for all hours worked, including overtime hours.
- Training and Compliance: Employers should provide training to remote employees on timekeeping procedures and compliance with applicable labor laws. This helps ensure that employees understand their rights and responsibilities regarding hours worked.
- Documentation and Audit Trails: Employers should maintain detailed records of remote employees’ hours worked, including any deviations from regular schedules or requests for time off. These records can serve as documentation in the event of an audit or dispute.
How Does the Field Assistance Bulletin (FAB) provide guidance to wage and hour divisions for remote workers?
The FAB reminds employers that “hours worked” generally includes all time spent by an employee between their first principal activity of the day and their last principal activity of the day.
- The FAB confirms the DOL’s longstanding view that bona fide meal periods (typically 30 minutes or more) in which an employee is completely relieved from duty for the purpose of eating regular meals are not hours worked.
- Short Breaks: The FAB advises that short breaks of 20 minutes or less are compensable hours worked whether an employee is at the employer’s worksite or working from home. While an employer may speculate that its teleworking employees are more likely to take a greater number of short breaks throughout the day to attend to personal matters than do their in-office colleagues, the FAB emphasizes that such short breaks still constitute hours worked.
- Off-Duty Periods: The FAB explains that off-duty periods that are longer than 20 minutes may be excluded from hours worked under the FLSA if the employee is completely relieved from duty and able to use the time effectively for their own purposes. To be considered completely relieved from duty, the employee must be informed that they may leave the job and that they: (a) will not be required to commence work until a specified time more than 20 minutes later; or (b) may freely choose when they will resume working.
Regulations for Breast Feeding Mothers
Break Time for Pumping Breast Milk: The FAB reminds employers that the FLSA requires employers to provide employees reasonable break time to express breast milk. The FLSA does not require employers to compensate nursing employees for such breaks. When an employer provides compensated breaks, however, an employee who uses that break time to pump must be compensated for the break.
How Can ClarityHR Help You with Remote Workers?
At ClarityHR we know it’s important for employers to stay updated on any changes to federal or state regulations regarding remote work. We can help you manage the DOL requirements for remote workers.
Compliance is key for every small business owner. We understand small businesses and we ourselves have several remote positions in our company. It is important that everyone that works for you is treated fairly as part of a good work culture. Remote workers are a growing part of the workforce. ClarityHR is here to help, contact us today to get started.