Thanks for the coronavirus pandemic, more Americans are working from home than ever before, raising questions among many employers regarding how to apply the Fair Labor Standards Act (FLSA) away from the traditional workplace.

Today, the Labor Department's Wage and Hour Division published guidance providing some assistance. In a Field Assistance Bulletin, DOL advised employers regarding an employer's duty to pay employees for all hours worked. Of particular note, the guidance describes an employer as responsible for paying nonexempt employees for all time that the employer knows or has reason to believe that work is being performed.
The guidance further describes this duty as whether the employer should have acquired such knowledge through "reasonable diligence."

CWC plans to publish additional analysis of this new guidance in the near future. In the mean time, please don't hesitate to contact us if you have any questions.