The worldwide COVID-19 outbreak has forced us to literally adapt overnight, and the workplace is no exception. Many employers and workers are adjusting to the new normal: Working from Home.

Read on to understand how you can mitigate any risk due to these WFH arrangements.

Many employees are getting used to their new novel work environment – their home. While many businesses were already using work-from-home arrangements before the outbreak, many others are allowing WFH for the first time or extending WFH arrangements to a larger number of employees.

However, WFH arrangements also present wage-hour risks, especially when WFH is rushed into, as in the current scenario, without much planning. If employers fail to carefully monitor WFH arrangements, it could result in expensive claims for years, once this outbreak is over.

WFH arrangements cannot implemented in a cookie-cutter fashion. The appropriateness can vary by industry, company, and job function. But you can follow certain best practices to manage WFH-related wage-hour risks.


Emphasize Timekeeping Policies

Your timekeeping function must be re-configured to accommodate the WFH arrangement. Remind non-exempt employees of timekeeping policies and that they apply with the same force as before. Employees must be clearly communicated to that they must record, and will be paid, for all hours worked, without exception.

Clearly Define Schedules

Employees who followed a set schedule should be expected to do so at home, too. As far as possible, involve employees in assessing whether the WFH schedule needs to change to account for their new circumstances. Once the schedule is defined, hold them accountable.

Set Boundaries

It’s important to set boundaries, especially with non-exempt workers. Working from home can make employers resort to informal communication with an employee. Such communication, if sent outside of an employee’s working hours, can lead to an off-the-clock claim.

Ask Employees to Certify Their Time

Ask WFH employees to record their time each day and to certify that their submission is accurate and reflects all hours worked.

Vigilant Supervision

Supervisors must clearly understand, communicate, and enforce the company’s timekeeping policies.

Meal and Rest Requirements

Provide non-exempt employees with meal and rest breaks, even while working from home.

Salary Issues

It is important to watch out for salary-related issues for exempt workers. If the exempt worker is on unpaid leave, the employer must immediately, and clearly, communicate to the employee that they should not be working from home. If they work during the week, the employee should be paid full salary.

Expenses

If non-exempt employees incur costs to WFH, for example, buying a printer or using their phone, the employer needs to ensure that it does not reduce their pay below minimum wage or cut into any overtime compensation.

Listen Closely

This is an uncertain time for both employers and employees. Keep open and honest communication with your employees about work-related issues and act quickly to address any issues.

To learn more, consult one of the top sexual harassment, wage and hour attorneys or workplace discrimination lawyers in San Francisco and Los Angeles; call Chahbazi Law PLLC at 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters. She is well regarded for being a compassionate, insightful, and highly effective lawyer.