EMPLOYERS MUST TRACK HOURS WORKED EVEN WHEN THOSE HOURS ARE “TELEWORKED”

The Department of Labor (DOL) issued guidance August 24, 2020, to remind employers of their obligation to keep accurate records of the time worked by non-exempt employees to ensure that non-exempt employees were paid for all time worked.  The DOL did so in light of the tremendous increase in employees teleworking. 

The regulations addressing this topic have remained largely unchanged for more than fifty years, but the world in which we work is dramatically different.  The three regulations forming the basis of the DOL’s guidance, and a plethora of judicial decisions, read:

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