b'LEGALLY SPEAKING CSIA 19Working From Home:A significant changeemployees because their physical presence at resulting from the COVID-19 pandemic is thework is not monitored.transition to remote work for those whose jobs will permit such. The pandemic taught companiesAdditionally, the Great Resignation discussed that its workforce may be just as effective workingabove has triggered another turning point employers remotely. Some employers have chosen hybridshould anticipate in 2022 an increase in minimum plans which permit employees to alternate workingwage which some experts have lamented as The from home and the office a few days a week.Great Raise. Under the FLSA, minimum wage, Studies suggest that work from home plans arewhich is unchanged from 2009, is set at $7.25 per not just a temporary fix, but a permanent solution.hour for covered non-exempt workers generally. In September 2021, a record-high 4.4 millionOn November 22, 2021, the Department of Labor people, or 3% of workers, quit their job signaling a(DOL) published a final rule implementing the Great Resignation throughout the United States.Executive Order increasing the wage floor for federal Employees are looking for flexibility in their workcontractors to $15 effective January 30, 2022. While schedules and employers that offer remote workthe Executive Order is limited to federal contractors, options. Some individuals are also willing to takewe predict a push for an increase to the federal a pay cut to work from home permanently. Forminimum wage for all employees in the future. Earlier example, an Owl Labs survey found that 23% ofthis year, the House of Representatives passed a employees are also willing to take a 10% pay cutbill to raise the federal minimum to $15 per hour by to work from home permanently. As the pandemic2025, but the legislation has not advanced in the continues, we predict more employers will look toSenate.As we enter 2022, employers will need to create remote work plans. Developing these plansmonitor DOL activity in relation to wage and hour can be a big undertaking. law in light of the Biden Administrations agenda and stated goals. Wage and Hour Considerations: With employees working from home, employers must also considerCOVID-19 Accommodations: Absent adopting issues involving tracking work hours for nonexemptfull or hybrid remote work policies, an employer employees. The Fair Labor Standards Act (FLSA)still may be obligated to offer telework as an requires employers to compensate an employeeaccommodation under the Americans with Disabilities for all hours worked, including those worked awayAct (ADA) to eligible employees. Under the ADA, from the office. Even work that is not requestedif a reasonable accommodation is needed and by the employer but suffered or permitted isrequested by an individual with a disability to work time.When an employee works from home,apply for a job, perform a job, or enjoy benefits the line between working time and non-workingand privileges of employment, the employer must time is not always clear. However, if an employerprovide it unless the accommodation would pose an knows or has a reasonable belief that work isundue hardship. Depending on the circumstances, being performed by a nonexempt employee, theemployers will be hard pressed to argue that employer must count the time as hours workedtelework is an unreasonable accommodation if and compensate the employee appropriately.Itemployees successfully teleworked during the is the employers responsibility to ensure that theCOVID-19 pandemic and the company suffered employee does not perform any work the employerlittle or no burden. does not want to be performed.The FLSA also requires employers to keep records for nonexemptData and Privacy Issues: As working from employees, including records of hours worked eachhome continues, employers must also be mindful workday and workweek. While employers mustof the privacy and data security concerns involved maintain accurate time records for all nonexemptwith safeguarding employee data and company employees, this is especially important for remotesystems. Hackers and other bad actors capitalize on(continued on pg 20)csiaonline.org'