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Non-Exempt Employee working from home Wisconsin

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  • Non-Exempt Employee working from home Wisconsin

    In our employee handbook it states this: "Due to regulations governing the payment of hourly employees, hourly employees are not permitted to work from home." I'm having a difficult time validating this. I could understand if our company had a policy against hourly employees working from home, but I'm not entirely sold on there being regulations saying so. Could someone point me to the information that says this or tell me if they're just spewing b/s?

    I talked with our HR Manager and she said it had to do with the FLSA. Which doesn't make sense to me. I couldn't find anything from the FLSA stating such a thing.

    Any direction or explanations would be greatly appreciated!

  • #2
    FLSA requires employers to be the ones who track employee time worked. If the employer doesn't have a system to track work time for employees who work from home, then the employer is using that as a reason rather than finding a way to track them. It's not that it is illegal, just that it can be hard to track that the employee is actually working. If it were illegal, many companies would be in trouble.

    However, no all companies can justify the cost of that tracking system and possibility of work fraud. And some jobs just cannot be done from home.

    Notice they say they are not permitted -- that is company policy not law.

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    • #3
      It's the employer's decision whether to allow employees to work from home or not &, of course, some jobs cannot be done from home.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Originally posted by hr for me View Post
        FLSA requires employers to be the ones who track employee time worked. If the employer doesn't have a system to track work time for employees who work from home, then the employer is using that as a reason rather than finding a way to track them. It's not that it is illegal, just that it can be hard to track that the employee is actually working. If it were illegal, many companies would be in trouble.

        However, no all companies can justify the cost of that tracking system and possibility of work fraud. And some jobs just cannot be done from home.

        Notice they say they are not permitted -- that is company policy not law.
        I mean technically when we work for home we clock in and out through our erp system, but I can see the problem with the company not knowing if the employee is actually doing work or not. This was just a recent thing that was brought to our attention, so we've worked from home before without issue. However, isn't it up to the company to decide whether they trust us to clock in and out appropriately? They aren't required to have a system that tracks us, are they?

        Originally posted by Betty3 View Post
        It's the employer's decision whether to allow employees to work from home or not &, of course, some jobs cannot be done from home.
        That I can understand, the job in question can indeed be performed from home (with some limitations). I should elaborate and say that we aren't looking to work solely from home, but on an as needed basis.

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        • #5
          The employer is not required to have any particular sort of time accounting system or reporting system. Technically that is what supervisors are for. Someone can punch it at work and still not be working. The same thing is true for people working at home. Legally there is no difference between working at home and working in an office. Hours worked is hours worked is hours worked. Employers are supposed to control when and where the employee is working. If you think the employee is lying about hours worked, then FIRE THEM. You still have to pay them (probably) for hours claimed to be worked, but there can and should be consequences for lying about hours worked.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            The other thing to remember is that working from home is not a right. The employer does not have to justify it to you or provide a reason and it does not have to be prohibited by law. If the employer says no, you can't work from home, then you can't work from home. End of discussion.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              I'm not aware of any law against working at home .

              There may be issues as to keeping accurate time records and supervisory control over work product or 101 other possibilities that management would prefer not to confront so it seeks to ban work at home ...and blame. " government rules."

              But bottom line its a management call . And all the rest is smoke ..albeit it may be logical smoke and I would not blame management for such a ban.

              Comment

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