When it comes to smart technology like laptops and smartphones, there are several important considerations under the FLSA:
Principle of "Hours Worked": Under the FLSA, "hours worked" refers to all time during which an employee is required to be on duty or on UAB premises, as well as any additional time the employee is allowed or required to work. This includes time spent working remotely using smart technology such as laptops and smartphones.
Compensability of Remote Work: If your supervisor requires or allows employees to perform work remotely using smart technology outside of their regular work hours, such as checking emails, responding to work-related messages, or completing tasks, this time is considered compensable and must be reported and paid.
Off-the-Clock Work: Supervisors must ensure that employees are not performing work "off-the-clock," meaning they are not working unpaid hours outside of their scheduled work time. This includes responding to work-related emails or messages on smart devices outside of regular work hours without compensation.
Recordkeeping: Supervisors are required to maintain accurate records of time worked by nonexempt employees, including any time spent working remotely using smart technology.
Overtime Pay: If nonexempt employees work more than 40 hours in a workweek, including any remote work performed using smart technology, they are entitled to overtime pay at a rate of one and a half times their regular rate of pay for time worked beyond 40 hours.
Employees are to only work beyond 40 hours if prior approval is received by their supervisor. Working unauthorized overtime may result in disciplinary action.
UAB has established telecommuting policies outlining expectations for remote work, including when and how employees should use smart technology for work purposes. These policies address issues such as tracking hours worked, maintaining work-life balance, and ensuring compliance with FLSA regulations.
Overall, UAB must ensure compliance with FLSA regulations when it comes to hours worked on smart technology like laptops and smartphones, particularly for remote work arrangements. This includes accurately tracking and compensating employees for all hours worked, including remote work performed outside of regular work hours.