Overview
Many employers offer their employees the opportunity to work from home either on a regular or temporary basis. While the flexibility of a telecommuting arrangement can benefit both the employer and the employee, allowing a nonexempt employee to work at home can lead to a minefield of wage and hour issues that you must carefully navigate to avoid potential liability. As telecommuting has become more prevalent, there have been a number of lawsuits filed by telecommuting employees (often as class actions) claiming violation of various state and federal wage and hour laws, suggesting a new trend in wage and hour litigation. If you currently have nonexempt telecommuting employees or are considering allowing nonexempt employees to telecommute, you need to be aware of the legal landscape affecting such employees and take steps to comply with all applicable legal requirements.
Authors
Corrie Fischel Conway, Morgan, Lewis & Bockius LLP ~ January 20, 2010
Barbara J. Miller, Morgan, Lewis & Bockius LLP ~ January 7, 2010
Michael J. Puma, Morgan, Lewis & Bockius LLP
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Agenda
Brief Overview of Wage and Hour Requirements Applicable to Telecommuting Employees
How to Properly Record All Hours Worked by Telecommuting Employees
How to Properly Compensate Telecommuting Employees for All Hours Worked, Including Overtime
How to Compensate Telecommuting Employees Who Are Required to Wait for Work or Instructions
Wage and Hour Issues Involved in Requiring Telecommuting Employees to Travel to the Employer's Workplace
Other Wage and Hour Issues Applicable to Telecommuting Employees, Including Any Obligation to Pay for Mileage
