Employee Paid Compensation Rules

Q: Can my employees “volunteer” to help out without pay?
A: Generally, No. In general, covered, nonexempt workers working for private, for-profit employers have to be paid at least the minimum wage and cannot volunteer their services.  Check with DOL for the rules governing the circumstances where volunteering in the public and private, non-profit sectors may be allowed.

Q: What are an employer’s obligations to an employee who is under government-imposed quarantine?
A: The Wage and Hour Division of the DOL WHD encourages employers to be accommodating and flexible with workers impacted by government-imposed quarantines. Employers may offer alternative work arrangements, such as teleworking, and additional paid time off to such employees. See also the Families First Act section below.

Q: Can an employee be required to perform work outside of the employee's job description?
A: Yes. The FLSA does not limit the types of work employees age 18 and older may be required to perform.  However, there are restrictions on what work employees under the age of 18 can do.  This is true whether or not the work asked of the employee is listed in the employee's job description.

Q: If individuals volunteer for a public agency, are they entitled to compensation?
A: Please visit this page for a detailed answer to this question

Q: If individuals volunteer for a private, not-for-profit organization, are they entitled to compensation?
A: Please visit this page for a detailed answer to this question

Q: May an employer encourage or require employees to telework (i.e., work from an alternative location such as home) as an infection control strategy?
A: Yes. An employer may encourage or require employees to telework as an infection-control or prevention strategy, including based on timely information from public health authorities about pandemics, public health emergencies, or other similar conditions. Telework also may be a reasonable accommodation.

Of course, employers must not single out employees either to telework or to continue reporting to the workplace on a basis prohibited by any of the EEO laws.  

Q: In the event an organization bars employees from working from their current place of business and requires them to work at home, will employers have to pay those employees who are unable to work from home?
A: Under the FLSA, employers generally only have to pay employees for the hours they actually work, whether at home or at the employer’s office.  However, employers must pay at least the minimum wage for all hours worked, and at least time and one half the regular rate of pay for hours worked in excess of 40 in a workweek.  Salaried exempt employees must receive their full salary in any week in which they perform any work, subject to certain very limited exceptions. 

Q: Are there any special recordkeeping rules we must follow for our teleworking employees?
A: The FLSA and its implementing regulations do not prevent employers from implementing telework or other flexible work arrangements allowing employees to work from home.  Employers would still be required to maintain an accurate record of hours worked for all employees, including those participating in telework or other flexible work arrangements; and to pay no less than the minimum wage for all hours worked and to pay at least one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek to non-exempt employees.

Employers are encouraged to work with their employees to establish hours of work for employees who telework and a mechanism for recording each teleworking employee’s hours of work.  

Q: In the event an employer brings on temporary employees from a staffing agency to supplement its workforce due to staffing shortages, is the employer liable if the temporary employees are not paid in accordance with the wage requirements of the FLSA?
A: Under the FLSA, an employee may be employed by one or more individuals or entities.  If one or more of these employers are deemed joint employers, they may both be responsible—and jointly and severally liable—for the employee’s required minimum wage and overtime pay. The U.S. Department of Labor recently updated and revised its regulations providing guidance regarding joint employer status under the FLSA. The final rule provides updated guidance for determining joint employer status when an employee performs work for his or her employer that simultaneously benefits another individual or entity. The effective date of the final rule is March 16, 2020.

Q: May I deduct time not-worked from an exempt employee’s pay? 
A: Please visit this page for a detailed answer to this question

Q: Do employers have to pay employees their same hourly rate or salary if they work at home?
A: It Depends. If telework is being provided as a reasonable accommodation for a qualified individual with a disability, or if required by a union or employment contract, then you must pay the same hourly rate or salary.

If this is not the case and you do not have a union contract or other employment contracts, under the FLSA employers generally have to pay employees only for the hours they actually work, whether at home or at the employer’s office. However, the FLSA requires employers to pay non-exempt workers at least the minimum wage for all hours worked, and at least time and one half the regular rate of pay for hours worked in excess of 40 in a workweek. Salaried exempt employees generally must receive their full salary in any week in which they perform any work, subject to certain very limited exceptions.

Q: May an employer cancel an employee’s pre-scheduled vacation time?
A: Yes. The FLSA does not require employer-provided vacation time.  Therefore, an employer may direct employees when to use (or not use) vacation time and/or take time off.   Further, a private employer may direct exempt staff to take vacation or debit their leave bank account in the case of an office closure, whether for a full or partial day, provided the employees receive in payment an amount equal to their guaranteed salary. In the same scenario, an exempt employee who has no accrued benefits in the leave bank account or has limited accrued leave and the reduction would result in a negative balance in the leave bank account, still must receive the employee’s guaranteed salary for any absence(s) occasioned by the office closure in order to remain exempt.

Q: Are businesses and other employers required to cover any additional costs that employees may incur if they work from home (internet access, computer, additional phone line, increased use of electricity, etc.)?
A: Please visit this page for a detailed answer to this question

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