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Remote work continues to be prevalent even after a "return to normal," post COVID-19 pandemic. Some research shows that as of 2022, about 35% of all American workers had the option of working from home five days per week. Still, many employers continue to grapple with questions about their obligations under existing employment laws—most of which do not provide any specialized guidance for employers offering telework options. The DOL has finally spoken up to provide clarity on some important issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Employers who allow employees to work on a remote basis should understand the details to learn how to handle employee break time, FMLA eligibility and more.
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