Telecommuters—The Next Wave of Wage and Hour Litigation?

Many accommodating employers offer their employees the opportunity to work from home (telecommute) either on a regular or temporary basis. The flexibility of a telecommuting arrangement can benefit both employers and employees. However, the practical realities of allowing a nonexempt employee to work away from the principal worksite can lead to a minefield of wage and hour issues that an employer must carefully navigate in order to avoid potential liability.

As telecommuting has become more prevalent, there have been a number of lawsuits filed by telecommuting employees (often as class actions) claiming violation of various state and federal wage and hour laws. These lawsuits suggest a possible new trend in wage and hour litigation.

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