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Best practices for dealing with teleworking employees

November 2020 employment law letter
Authors: 
Sean A. Monson, Parsons Behle & Latimer

We’re learning to live with COVID-19. Part of the process involves changes in workplace dynamics for service industry employees. We’ve learned they can work from home just as effectively as they do in the office. Going forward, a greater number of workers will reduce their office footprint as more of them work from home. If you allow remote work, you should consider the following recommendations.

Ensure employees accurately track their time

When employees telework, you must create policies and procedures to ensure they accurately track their time. That’s especially true for those who receive an hourly wage or a salary but aren’t exempt from getting overtime pay under the Fair Labor Standards Act (FLSA).

Employers often mistakenly believe getting a salary means employees are exempt from the overtime or minimum wage requirements. To be exempt under the FLSA, however, most employees must earn a minimum salary of $684 per week and perform certain job duties.

Tracking the time of hourly and salaried employees who aren’t exempt is critical to managing teleworking situations and avoiding unexpected overtime claims. Here are some steps you can take:

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