Are employers required to track employees hours?

On August 24, 2020, the U.S. Department of Labor (“DOL”) clarified an employer’s obligation to track employee’s remote, compensable hours, even if the hours were not scheduled. The DOL’s guidance applies to teleworking broadly, not just new arrangements in the light of COVID-19.

Are employees entitled to compensation if they worked hours that were not scheduled?

Employers must pay for time an employee is scheduled to work as well as unscheduled time the employer knows, or should know, that the employee has worked. Employees can report work performed that was not scheduled to employers, and employers should not discourage employees from reporting additional work performed. Additionally, employees may not waive compensation to those hours. An employer’s obligation to compensate employees for hours worked can be based on actual or constructive knowledge of that work. For example, an employer can have actual knowledge of hours worked through a schedule or employee reports or a notification system. When determining constructive knowledge, courts will consider whether the employer should have acquired knowledge of those hours worked through reasonable diligence. Employers can exercise diligence by providing a reasonable reporting procedure for non-scheduled time, even if the hours of work were not requested by the employer. Additionally, an employer must properly instruct employees on using their reporting procedures.

Can an employer discourage an employee from accurately reporting their time?

An employer should not discourage employees from accurately reporting their time. Employers must pay for time an employee is scheduled to work, in addition to unscheduled time that the employer knows or should know that the employee has worked. An employer can set up a reasonable procedure for employees to report their unscheduled time. If an employer elects to do so, the employer must instruct employees on how to use that procedure. Finally, if the employee fails to report their hours through that reporting procedure, an employer is typically not required to investigate further.

Wages and Hours Archives - Jules Halpern Associates LLC

Remote Working – New DOL Rules

September 22nd, 2020 | By Jules Halpern Associates | COVID-19, Employee Schedules, Employer Policies, Employment Law, Human Resources, Management, Payment of Wages, USDOL, Wages and Hours, Working from Home

On August 24, 2020, the U.S. Department of Labor (“DOL”) clarified an employer’s obligation to track employee’s remote, compensable hours,…

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Connecticut Raising Minimum Wage

May 30th, 2019 | By Jules Halpern Associates | Connecticut Law, Employment Law, Employment Trends, Labor Law, Minimum Wage, Payment of Wages, Wages and Hours

On May 28, 2019, Connecticut’s Governor signed a bill into law that will increase the state’s minimum wage to $15…

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Employee Handbooks: An Essential Workplace Protection

July 30th, 2018 | By Jules Halpern Associates | Benefits, Connecticut Law, Employee Benefits, Employee Handbook, Employer Policies, Employment Law, Employment Trends, New Jersey Law, New York City Law, New York Law, Wages and Hours

In the modern workplace, a well-written employee handbook is a necessity for all employers. An employee handbook allows employers to…

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PAID: Labor Department Introduces Program to Fix Wage Issues

March 22nd, 2018 | By Jules Halpern Associates | Circuit Court Decisions, Employee Classification, Employer Liability, Employer Policies, Employment Law, FLSA, Minimum Wage, Payment of Wages, Restaurants, Wages and Hours

On March 6, the U.S. Department of Labor (“DOL”) announced the Payroll Audit Independent Determination (“PAID”) program. PAID is a…

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Commissioned Employees – What Employers Need to Know

March 1st, 2018 | By Jules Halpern Associates | Commission Agreement, Employee Classification, Employer Liability, Employment Law, FLSA, Labor Law, Minimum Wage, New York Law, NYS DOL, Payment of Wages, USDOL, Wages and Hours

As discussed in a prior newsletter article, employers are required to satisfy the New York minimum wage and overtime laws…

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Internship Guidelines Updated

February 14th, 2018 | By Jules Halpern Associates | Circuit Court Decisions, Employee Relations, Employer Liability, Employer Policies, Employment Law, Employment Trends, FLSA, Hiring, Internships, Minimum Wage, Payment of Wages, Unpaid Interns, USDOL, Wages and Hours

In January 2018, the United States Department of Labor (“USDOL”) relaxed the standard governing unpaid internships and published updated guidelines…

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Misclassification of Assistant Managers

February 14th, 2018 | By Jules Halpern Associates | Audits, Employee Classification, Employer Liability, Employment Law, FLSA, Management, Minimum Wage, New York Law, Wages and Hours

Chase $8.3M Misclassification Settlement Recently, JPMorgan Chase was sued by roughly 2,000 assistant branch managers in a class action who…

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Department of Labor Audit: Be Prepared

December 20th, 2017 | By Jules Halpern Associates | Audits, Employee Classification, Employer Liability, Employer Policies, Employment Law, FLSA, Minimum Wage, New Jersey Law, New York Law, NYS DOL, USDOL, Wages and Hours

When an employer does not fully comply with wage and hour laws, it may result in back pay fines and…

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Minimum Wage Increases for 2018

November 16th, 2017 | By Jules Halpern Associates | California Law, Employment Law, FLSA, New Jersey Law, New York City Law, New York Law, Payment of Wages, Wages and Hours

Since 2009, the federal minimum wage for nonexempt employees remains at $7.25. However, states and local governments continue to raise…

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Managing in an Evolving Workplace

September 27th, 2017 | By Jules Halpern Associates | Confidential Information, Cybersecurity, Employment Law, Employment Trends, Human Resources, Immigration, Management, Minimum Wage, Nursing Mothers, NYS DOL, Sick Leave Laws, Social Media, Technology, USDOL, Wages and Hours, Workers' Compensation, Workplace Bullying

The Fall is the time when managers and business owners transition from the slower summer to the busy winter season….

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