Telecommuting: It's not just for quarantines anymore

With workplaces in Oklahoma reopening for business following Governor Kevin Stitt's "Open Up and Recover Safely" plan, many employers are evaluating whether temporary telecommuting policies can work in the long term for some employees. There are many reasons telecommuting may be a desired option at this time, such as enabling busy workplaces to enact social distancing rules by keeping a portion of the workforce home, helping working parents meet childcare obligations, and providing an accommodation to employees who still cannot return to the workplace because of health concerns.

For employers that offered telework as a temporary option in the earlier phases of the COVID-19 pandemic, now is the time to evaluate whether a formal remote working policy is a good fit going forward. While offering telecommuting options may have business advantages, such as being a recruiting tool, lowering facility and travel expenses, and boosting morale, there are also legal risks to consider.

Wage and hour issues

You must keep minimum wage and overtime issues in mind, and if you offer telecommuting as an option to nonexempt workers, you must consider how to track their working time. As a general rule, you must pay employees for all hours worked under the Fair Labor Standards Act (FLSA) ― even work that wasn't requested.