As we blogged about here, the U.S. Department of Labor (DOL) issued additional guidance on COVID-19 return-to-work issues.  Part 2 of this series focuses on the additional guidance issued under the FLSA.
 
The DOL's COVID-19 questions and answers under the FLSA are available here.  The recently issued guidance provides clarity on a number of COVID-19 related issues. 
 
For example:
 
  1. If an employer allows workers to telework with flexible hours, the employer does not need to count as "hours worked" all time between the employee's first and last principal activities in a workday.  The DOL advised: "assume you and your employee agree to a telework schedule of 7-9 a.m., 11:30-3 p.m., and 7-9 p.m. on weekdays. This allows your employee, for instance, to help teach their children whose schools are closed, reserving for work times when there are fewer distractions. Of course, you must compensate your employee for all hours actually worked-7.5 hours-that day, but not all 14 hours between your employee's first principal activity at 7 a.m. and last at 9 p.m."
  1. Employees can be required to perform work outside of their job descriptions due to staffing shortages.  In other words, exempt employees can temporarily be required to perform non-exempt (hourly employee) duties without jeopardizing their exempt status. 
  1. Further, an employer may prospectively reduce the salary of exempt employees due to economic reasons related to COVID-19 or an economic downturn without jeopardizing their exempt status, as long as the employee continues to receive the required minimum weekly salary amount ($684).  But please note that in certain states (e.g., NY, WA) higher exemption thresholds still apply!
  1. While safe workplace standards under the Occupational Safety and Health Act do not apply to home offices, employers must still record any work-related injuries or illnesses that occur in the home office during working time.
  1. An employer can require employees to take accrued vacation or paid time off (PTO) during office closures relating to COVID-19.
  1. Hazard pay is not required under the FLSA.
Still have wage & hour questions with regard to COVID-19?  Don't worry, we're here to help! 
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