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US DOL Issues Guidance Clarifying Employers’ Obligations to Track Compensable Hours for Teleworkers

With telework arrangements expanding in response to the coronavirus pandemic, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers.

The guidance makes clear that employers must ensure that they pay employees for all hours worked, including work not requested but allowed and work performed at home. If the employer knows or has reason to believe that work is being performed, the time must be counted as hours worked. As such, it is imperative that employers have a policy and procedures in place for employees to track work hours while working remotely. This process should also ensure that the tracking method allows for the most accurate accounting of time as possible.

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