Tips for correctly paying people who work from home

It’s hard to believe many of us have been working from home because of the COVID-19 outbreak for more than a year. In addition, many teleworkers have been operating on flexible schedules. The consistent question for employers is: How do we pay nonexempt employees working flexible schedules from home? Here is the answer (at least for now).

Virtual schooling’s impact on work schedules

Yes, many people have been working away from the workplace for more than an entire year. I almost can’t believe what I’m writing! And I know I’m not alone.

In addition, many of us have been juggling virtual school for our children while we work from home (please send wine). Although I don’t have a crystal ball, I think by the summer or fall we’ll all see some relief (fingers crossed).

Until then, many parents are continuing to deal with childcare issues while working from home. Consequently, some are working with more flexible schedules. For example, to accommodate virtual schooling, an employee may work between 6:00 a.m. and 9:00 a.m., between 3:00 p.m. and 6:00 p.m., and between 9:00 p.m. and 11:00 p.m.

DOL’s rule change remains in place

The U.S. Department of Labor (DOL) previously adopted a “continuous workday” rule, which provided that all time between an employee’s first and last “principal activity” was working time to be paid by the employer. One exception to the rule (when an employee doesn’t need to be paid) covered periods when: