On April 26, 2021, the US Department of Labor (DOL) released updated guidance on the interplay between the minimum wage and overtime obligations under the Fair Labor Standards Act (“FLSA”) and COVID-19 via its’ guidance document entitled, COVID-19 and the Fair Labor Standards Act Questions and Answers (FAQs), which addresses common questions related to wage and hour issues created by the pandemic. The updated guidance focuses on three topics including business closure, telework and salaried exempt employees. The FAQs are organized based the following topics:
- Business Closure
- Temperature Checks/Health Screenings
- COVID-19 Testing
- Quarantine
- Volunteers
- Telework
- Hours Worked and Job Duties
- Telework (Hours Worked)
- Salaried Exempt Employees
- Hazard Pay/Incentive Payments (Regular Rate)
- Child Labor
Next Steps for Employers
Employers are encouraged to review the updated guidance which is denoted with a notation of revised 4/26/2021. Employers should be mindful that the FAQs only provide guidance under federal law and does not address state or local wage and hour laws, so it would be recommended that employers also consult with their legal counsel regarding wage and hour issues related to COVID-19.
