DOL updates guidance on wage & hour issues related to pandemic

The U.S. Department of Labor (DOL) has updated its guidance on certain wage and hour issues related to the COVID-19 pandemic.

Background:

The DOL enforces the federal Fair Labor Standards Act (FLSA) and has been providing answers to frequently asked questions about applying the FLSA's requirements during the COVID-19 pandemic. The FLSA establishes rules related to the minimum wage, overtime, hours of work, and recordkeeping.

Updated Guidance:

The DOL recently provided updated guidance on the following FLSA-related questions:

• My employer has closed its office and requires employees to work from home, but I am unable to perform my job from home. Is my employer still required to pay me?
• Is my employer required to cover any additional expenses that I might incur if I work from home (for example, internet access, computer, additional phone line, increased use of electricity, etc.)?
• How are hours worked calculated for employees who work from home or no longer work at an employer's worksite?
• I am working from home. Is my employer required to pay me the same hourly rate or salary while I work from home?
• I am teleworking during the COVID-19 pandemic. My employer allows employees flexible hours during the normal workday to take care of personal and family obligations, such as caring for my children while school is closed. If I begin work, take several hours in the middle of the workday to care for my children, and then return to work, what is the proper way to count my compensable hours?
• I am a salaried employee exempt from the FLSA's minimum wage and overtime requirements as a bona fide executive, administrative, or professional employee. Can my employer reduce my salary during the COVID-19 pandemic or an economic slowdown? Am I entitled to minimum wage and overtime protections if my employer reduces my salary?

The DOL also updated a question on safety rules for home offices:

• Do OSHA's regulations and standards apply to the home office? Are there any other federal laws that protect the health and safety of employees who work from home?

Compliance Recommendations:

Employers should review the DOL's FLSA guidance in full as well as any state and local guidance and ensure that their practices comply with all applicable rules. Please contact your dedicated service professional with any questions.