Non-exempt remote workers pose problems for payroll
Mobile devices have become increasingly popular among employers and employees for personal and business uses. Workers might check emails from home on a mobile device or communicate with employers during off-hours. However, when companies provide non-exempt employees with mobile devices, they could face Fair Labor Standards Act (FLSA) overtime violations if they don't compensate employees for at home time and attendance.
Because the FLSA was established in 1938, there are not provisions for remote work using mobile devices. Now, employees are filing claims for overtime wages as the result of time they spent completing tasks remotely from home. In fact, the number of lawsuits has increased by 400 percent since the 1990s.
As a potential solution, the U.S. Department of Labor developed a smartphone app so that non-exempt workers can keep track of employee attendance when working remotely. The Department of Labor has stated that employees must be paid for any tasks they perform no matter where they are.
To prevent violations, employers should enact a policy for non-exempt employees to work remotely, according to Law.com. If employees are given mobile devices, supervisors can tell them when to use them, how to record their time and compensate them accordingly, the source reports.
Because the FLSA was established in 1938, there are not provisions for remote work using mobile devices. Now, employees are filing claims for overtime wages as the result of time they spent completing tasks remotely from home. In fact, the number of lawsuits has increased by 400 percent since the 1990s.
As a potential solution, the U.S. Department of Labor developed a smartphone app so that non-exempt workers can keep track of employee attendance when working remotely. The Department of Labor has stated that employees must be paid for any tasks they perform no matter where they are.
To prevent violations, employers should enact a policy for non-exempt employees to work remotely, according to Law.com. If employees are given mobile devices, supervisors can tell them when to use them, how to record their time and compensate them accordingly, the source reports.
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