Q:  Next year, if the proposed overtime changes go into effect,  I may need to change a couple of my employees from salaried to hourly.  The problem is they currently telecommute from home about 80% of the time.  In the past, time-sheets haven’t been a problem because they were salaried, but once they’re hourly can I continue having them work from home?  What if they claim overtime?

A:  You’re right. Most telecommuters are salaried.  And although the same arrangement with hourly workers is trickier,  it’s still possible.

The reason it’s tricky is because it’s imperative that hourly employees accurately track every hour they work so that they can be paid what they’re owed, including overtime, if any.  Meticulous time-tracking must be done to avoid potentially costly and painful wage and hour violations.  Time-tracking is a chore under the best of circumstances, such as an office.  So imagine the bigger challenge if the employee is working from home. However,  there are ways to do it and still have everyone benefit from the rewards of what is now being called “teleworking”.

By the way, employees DO love teleworking, and they see it as a perk.  According to research by the Families and Work Institute, teleworking increases job satisfaction and leads to better employee physical and mental health.  I’m a proponent of it, especially if it’s not done 100% of the time.  I recommend a 50-80% of teleworking, giving employees a chance to come into work and maintain relationships with colleagues and stay connected to the office.

So, how can you minimize wage and hour problems and prevent hourly teleworkers from working excess overtime, or not accurately recording time?   The same way you would for an hourly employee who doesn’t work from home:  Having clear policies about time keeping that prohibit working off the clock; prohibit under-reporting or over-reporting hours worked; and a definition of what constitutes “hours worked”.  Also, by being clear about overtime expectations and being consistent about enforcing your policies. That’s how.

For more free tips on everything from how to craft a telework, policy to talking points for employees who want to ask for flexible work options visit  whenworkworks.org

© Copyright Eva Del Rio

Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com