--- title: "Telework Pay Guidance: What Employers Should Know" description: The U.S. DOL issued Bulletin 2020-5 regarding employers’ obligation to accurately account for employees' time worked when not in the office. 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- - - [whatsapp://send?text=https://blog.axcethr.com/telework-pay-guidance-what-employers-should-know](whatsapp://send?text=https://blog.axcethr.com/telework-pay-guidance-what-employers-should-know) - [mailto:?subject=Telework%20Pay%20Guidance:%20What%20Employers%20Should%20Know&body=https://blog.axcethr.com/telework-pay-guidance-what-employers-should-know](mailto:?subject=Telework%20Pay%20Guidance:%20What%20Employers%20Should%20Know&body=https://blog.axcethr.com/telework-pay-guidance-what-employers-should-know) ![how to calculate telework employee pay](https://blog.axcethr.com/hs-fs/hubfs/how%20to%20calculate%20telework%20employee%20pay.webp?width=1200&name=how%20to%20calculate%20telework%20employee%20pay.webp) Among the effects of the pandemic was a surge in remote work and telecommuting. As such, there have inevitably been numerous questions and issues facing employers. How to foster remote communication, how to create a company culture when people are disbursed,[how to handle terminations remotely](https://blog.axcethr.com/how-to-terminate-a-remote-employee)—the list goes on.   As remote work seems to continue to be going strong in numerous industries and business sectors, it is important that employers stay informed regarding any and all applicable rules and regulations governing telework.   RELATED: [Here are the Top 8 Payroll Mistakes Small Businesses Make >>](https://blog.axcethr.com/the-top-eight-payroll-mistakes-small-businesses-make) ## Tracking Teleworking Employees' Hours At the end of August 2020, the U.S. Department of Labor (DOL) Wage and Hour Division issued [Field Assistance Bulletin No. 2020-5](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_5.pdf) regarding employers’ obligation to accurately account for how much time employees work when away from their employer's facilities. The subject of the bulletin was “Employers’ obligation to exercise reasonable diligence in tracking teleworking employees’ hours of work.”  The bulletin stressed the fact that employers had to pay for those hours not requested but that were “suffered or permitted” to be worked that the employer knew about through reasonable diligence; this includes remote and telework. Thus, compensable time is all time the employer “knows or has reason to believe” work is being done, authorized or requested or not.  RELATED: [3 Ways To Keep Remote Workers Accountable >>](https://blog.axcethr.com/the-right-ways-to-keep-remote-workers-accountable) The key here, under the Fair Labor Standards Act (FLSA), is that employers make reasonable provisions for employees to report all hours worked, scheduled and unscheduled, and are obligated to track the number of hours worked. Employers, however, are not required to go to extra efforts to find unreported hours of work if employees do not follow the reasonable process to report their hours, but the bulletin states that employers are obligated to prevent the performance of unauthorized or unwanted work. Employers can discipline employees who perform unauthorized work, but they are still required to pay the employee for the time worked and factor it into the overtime calculation.  [![fostering emotional intelligence in your remote workforce](https://no-cache.hubspot.com/cta/default/2652187/8b7869b0-b590-435f-92db-98793980ed74.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/8b7869b0-b590-435f-92db-98793980ed74) ## What About Work Employers Don’t Request?   The grey area becomes those hours that employers don’t know about and/or are not requesting. In other words, what happens when an employee is undertaking work that is otherwise unscheduled? As the employer, it is up to you to put policy into place and enforce rules pertaining to unscheduled work. If you don’t want an employee to perform a certain task or job, you need to make an effort to prohibit such work from being done, otherwise, if you know about the work, you are generally required to pay for work that has been done.   The most efficient way to avoid issues related to unscheduled work is to ensure that you have an effective and accessible reporting and time-tracking system established.[A 2021 survey found that 60% of those polled](https://www.plansponsor.com/employers-are-watching-you/?layout=print) were using monitoring software to track hours and productivity.[Numerous options are available](https://www.business.com/articles/11-tools-for-tracking-your-remote-staffs-productivity/) for your remote workforce, both in terms of platforms and also apps. RELATED: [Ask the Expert - Employee Remote Work Expense Reimbursement >>](https://blog.axcethr.com/ask-the-expert-employee-remote-work-expense-reimbursement) ### The benefits of implementing this type of system include:   - The ability to manage your labor budget for geographically diverse teams  - Being able to maintain compliance with state and federal telework pay guidelines  - [Fostering individual accountability](https://blog.axcethr.com/the-right-ways-to-keep-remote-workers-accountable)  - For those working from home, these types of apps enable them to stay more focused  - You have real-time oversight in many cases  The important thing is to set up a way to stay on top of assigned (and unassigned tasks), maintain accountability and thus have control over how many hours you are paying your employees. You also may want to do spot-checking of non-payroll records of employee activity, especially with technology like email and digital access.  [![How To Terminate a Remote Employee](https://no-cache.hubspot.com/cta/default/2652187/2ed7be52-cf23-4e9c-888c-b3fc93f19a37.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/2ed7be52-cf23-4e9c-888c-b3fc93f19a37) ## Axcet HR Solutions Can Help  The telework movement, it seems, is here to stay. More and more issues of this nature are bound to arise, with more and more employers having to figure out how to streamline processes and maintain organization and control over their disbursed labor force. It is incredibly important moving forward to make sure that whatever protocol you do put in place is compliant with the FLSA. If you are unsure of relevant rules and regulations pertaining to telework and hours paid, we are here to help. Our HR experts understand the finer points of employment law; we’re here to guide you through what could be complex territory.[Schedule your consultation](https://www.axcethr.com/schedule-consultation/) today and see how we can be of assistance to your Kansas City area business.   [![Axcet HR Solutions Meet the Team Footer](https://no-cache.hubspot.com/cta/default/2652187/b910adbe-bb44-49ba-950c-d66852b283e0.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/b910adbe-bb44-49ba-950c-d66852b283e0) [![Jennifer Bevitt, CPP](https://blog.axcethr.com/hs-fs/hubfs/Jennifer1.jpg?width=80&height=80&name=Jennifer1.jpg)](https://blog.axcethr.com/author/jennifer-bevitt) Written by #### [Jennifer Bevitt, CPP](https://blog.axcethr.com/author/jennifer-bevitt) Jennifer Bevitt, CPP is a Senior Payroll Administrator at Axcet HR Solutions, where she works closely with clients to deliver accurate, compliant, and efficient payroll processing. With more than 15 years of experience at Axcet, Jennifer brings extensive knowledge of payroll operations along with a strong commitment to client service and accuracy. In her role, Jennifer manages end-to-end payroll processing for her clients, ensuring all data is reviewed, verified, and executed correctly. She serves as a trusted resource for both employers and employees, answering questions related to payroll, taxes, deductions, and compliance while helping resolve issues quickly and effectively. Her expertise helps clients navigate complex payroll requirements with confidence. Jennifer holds the Certified Payroll Professional (CPP) designation, a nationally recognized credential that demonstrates advanced expertise in payroll processing, tax regulations, compliance, and payroll systems. This certification reflects her deep understanding of federal and state payroll laws and her ability to apply best practices to ensure accuracy and regulatory compliance in every payroll cycle. Jennifer is also actively involved in onboarding new clients, conducting payroll training, and supporting ongoing client relationships. She assists with benefits administration, paid time off tracking, and maintaining accurate employee records across payroll systems. Known for her reliability, responsiveness, and attention to detail, Jennifer takes pride in delivering a high level of service and building long-term relationships with the clients she supports. Through her writing, Jennifer shares practical insights and best practices to help employers better understand payroll processes, maintain compliance, and run their businesses more efficiently. Read more [View all posts →](https://blog.axcethr.com/author/jennifer-bevitt) ### Get HR Updates ### Table of Contents ### Related Resources - [video Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [services Payroll Compliance](https://www.axcethr.com/services/payroll-and-tax-administration-services/payroll-compliance/) #### [How to Create a Positive Culture that Drives Performance ![how to create a positive company culture at your small business](https://blog.axcethr.com/hubfs/how-to-create-a-positive-company-culture-_1200-%C3%97-628-px_%20(1).webp)](https://blog.axcethr.com/how-to-create-a-positive-culture-that-drives-performance) #### [![business crisis management leading employees through challenging times](https://blog.axcethr.com/hubfs/leading%20employees%20through%20a%20crisis.webp) Crisis Management: Seeing Your Employees Through Challenging Times](https://blog.axcethr.com/crisis-management-seeing-your-employees-through-challenging-times) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jennifer Bevitt, CPP", "url" : "https://blog.axcethr.com/author/jennifer-bevitt" }, "dateModified" : "2024-07-03T18:38:59.180Z", "datePublished" : "2022-04-22T15:04:55.000Z", "headline" : "Telework Pay Guidance: What Employers Should Know", "image" : [ "https://blog.axcethr.com/hubfs/calculating%20telework%20employee%20pay.webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/telework-pay-guidance-what-employers-should-know", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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As such, there have inevitably been numerous questions and issues facing employers. How to foster remote communication, how to create a company culture when people are disbursed, how to handle terminations remotely—the list goes on. As remote work seems to continue to be going strong in numerous industries and business sectors, it is important that employers stay informed regarding any and all applicable rules and regulations governing telework. RELATED: Here are the Top 8 Payroll Mistakes Small Businesses Make >> Tracking Teleworking Employees' Hours At the end of August 2020, the U.S. Department of Labor (DOL) Wage and Hour Division issued Field Assistance Bulletin No. 2020-5 regarding employers’ obligation to accurately account for how much time employees work when away from their employer's facilities. The subject of the bulletin was “Employers’ obligation to exercise reasonable diligence in tracking teleworking employees’ hours of work.” The bulletin stressed the fact that employers had to pay for those hours not requested but that were “suffered or permitted” to be worked that the employer knew about through reasonable diligence; this includes remote and telework. Thus, compensable time is all time the employer “knows or has reason to believe” work is being done, authorized or requested or not. RELATED: 3 Ways To Keep Remote Workers Accountable >> The key here, under the Fair Labor Standards Act (FLSA), is that employers make reasonable provisions for employees to report all hours worked, scheduled and unscheduled, and are obligated to track the number of hours worked. Employers, however, are not required to go to extra efforts to find unreported hours of work if employees do not follow the reasonable process to report their hours, but the bulletin states that employers are obligated to prevent the performance of unauthorized or unwanted work. Employers can discipline employees who perform unauthorized work, but they are still required to pay the employee for the time worked and factor it into the overtime calculation. What About Work Employers Don’t Request? The grey area becomes those hours that employers don’t know about and/or are not requesting. In other words, what happens when an employee is undertaking work that is otherwise unscheduled? As the employer, it is up to you to put policy into place and enforce rules pertaining to unscheduled work. If you don’t want an employee to perform a certain task or job, you need to make an effort to prohibit such work from being done, otherwise, if you know about the work, you are generally required to pay for work that has been done. The most efficient way to avoid issues related to unscheduled work is to ensure that you have an effective and accessible reporting and time-tracking system established. A 2021 survey found that 60% of those polled were using monitoring software to track hours and productivity. Numerous options are available for your remote workforce, both in terms of platforms and also apps. RELATED: Ask the Expert - Employee Remote Work Expense Reimbursement >> The benefits of implementing this type of system include: The ability to manage your labor budget for geographically diverse teams Being able to maintain compliance with state and federal telework pay guidelines Fostering individual accountability For those working from home, these types of apps enable them to stay more focused You have real-time oversight in many cases The important thing is to set up a way to stay on top of assigned (and unassigned tasks), maintain accountability and thus have control over how many hours you are paying your employees. You also may want to do spot-checking of non-payroll records of employee activity, especially with technology like email and digital access. Axcet HR Solutions Can Help The telework movement, it seems, is here to stay. More and more issues of this nature are bound to arise, with more and more employers having to figure out how to streamline processes and maintain organization and control over their disbursed labor force. It is incredibly important moving forward to make sure that whatever protocol you do put in place is compliant with the FLSA. If you are unsure of relevant rules and regulations pertaining to telework and hours paid, we are here to help. Our HR experts understand the finer points of employment law; we’re here to guide you through what could be complex territory. Schedule your consultation today and see how we can be of assistance to your Kansas City area business.", "author" : { "@id" : "https://blog.axcethr.com/author/jennifer-bevitt#author", "@type" : "Person", "name" : "Jennifer Bevitt, CPP", "url" : "https://blog.axcethr.com/author/jennifer-bevitt" }, "dateCreated" : "2022-04-22", "dateModified" : "2024-07-03", "datePublished" : "2022-04-22", "description" : "Among the effects of the pandemic was a surge in remote work and telecommuting. As such, there have inevitably been numerous questions and issues facing employers. How to foster remote communication, how to create a company culture when people are disbursed, how to handle terminations remotely—the list goes on. 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