Is telecommuting feasible for non-exempt employees paid hourly?
The term “non-exempt” refers to whether or not a given employee is exempt or not exempt from the terms of the Federal Fair Labor Standards Act (FLSA). There’s no overall reason under FLSA why non-exempt employees can’t telecommute. However, you need to check if there is a particular provision in your state labor law that restricts work at home for non-exempt employees. Non-exempt employees have to follow certain rules about length of the work day and work week, overtime payments, breaks during the day, and other items. These must be followed for non-exempt telecommuters as well as non-exempt office workers. This really isn’t a new issue, however; many employees who work out of the office (such as truck drivers, repair technicians, etc.) are non-exempt and don’t work under direct supervision all day long. If remote work is feasible for them, it’s feasible for telecommuters. Just to be safe, however, check with your organization’s Human Resources department or a qualified accountant or a
