Paying your employees for hours that you know they've worked is straightforward enough. But what if they're doing more work than you think they are — or more than you've asked them to do? As federal regulations state, "Work not requested but suffered or permitted is work time" and, thus, must be compensated.
As explained in a new Department of Labor (DOL) field assistance bulletin (FAB), "If the employer knows or has reason to believe that the work is being performed, he must count the time as hours worked." The rub, the FAB explains, is this:
"While it may be easy to define what an employer actually knows, it may not always be clear when an employer 'has reason to believe that work is being performed,' particularly when employees telework or otherwise work remotely at locations that the employer does not control or monitor."