In an August 28, 2020 Claims Journal article entitled, “Labor Dept. Offers Overtime Guidance to Employers with Remote Workers,” Smith Anderson employment attorney Susan Milner Parrott is mentioned for an article she wrote entitled, “DOL Guidance on Reporting and Paying for Telework and Remote Work Time.” Susan’s article explains how an employer might be responsible for payment for its employees’ work hours that it becomes aware of either through “actual knowledge” or “constructive knowledge.”
“An employer would be exercising reasonable diligence if the employer established a process by which employees could report unscheduled work time, but the employer should be careful not to discourage, either implicitly or explicitly, the use of such a process,” Susan wrote.
According to the Claims Journal article, the U.S. Labor Department’s Wage and Hour Division issued a bulletin offering guidance regarding an employer’s obligations under the Fair Labor Standards Act – hoping to clear up possible confusion on timekeeping that could result from the large number of workers who are working remotely during the pandemic.
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