Dive Brief:
- The Department of Labor’s proposed overtime rules will affect employers of all shapes and sizes, partly because many employers don’t know when or how their employees are working remotely, according to HR Morning.
- Christine D. Hanley, an attorney and presenter at the 2015 SHRM Conference, describes a “dangerous triangle” formed by remote work, 24/7 connectivity and FLSA which can lead to lawsuits and DOL scrutiny down the line.
- HR Morning advises making sure your managers control their staff and are aware of when staffers are working so that no one is accidentally working overtime, even at home.
Dive Insight:
“Employers need to be able to rely on managers and supervisors to control their staff and make sure non-exempt employees are clear about when they’re expected to work and when they must stop,” says the article. FLSA Lawsuits been “skyrocketing” in recent years, according to HR Morning, and are often highly lucrative for attorneys of plaintiffs. Due diligence by HR is necessary here.
Hanley proposed five questions that all employers should ask themselves about their employees so that each employee is only doing work when they are supposed to. Questions include: “Who is doing what for whom?” ; “What are they doing?” ; “How are they doing the work?” ; “Where are they doing the work?” ; and “When are they doing the work?”
These questions help an employer define each aspect of FLSA compliance. Meticulous documentation of worker hours is also key.
