The WHD Issues RFI for Impact on Hours Worked Via Smartphones Outside of Workplace and Regular Work Hours

Posted on:

June 10, 2015

It was inevitable – in an effort to capture true hours worked and in the wake of more and more employees telecommuting for work these days, the Wage and Hour division (WHD) for the Department of Labor announced a request for information (RFI) regarding “the use of technology, including portable devices, by employees away from the workplace and outside of scheduled work hours.”

No formal rulemaking has been scheduled by the WHD nor was one proposed; it is believed that the WHD is merely seeking information from stakeholders and interested parties on how these issues impact hours worked under the Fair Labor and Standards Act. But, as always, there is a method to its motive and the WHD may very well announce a proposed rulemaking based upon data gathered.

We expect the RFI to be published in the Federal Register in August 2015. This will likely be of much interest to our members as so much business is conducted on smart devices and it may sometimes take place outside of regular business hours. Companies that don’t already have policies on teleworking and using smart devices as such will want to review their policies and ensure they have their bases covered. We will report any further developments as they arise.