On February 9, 2023 the Wage and Hour Division of the United States Department of Labor (WHD) issued a Field Assistance Bulletin (FAB) providing guidance to WHD field staff regarding proper compensation under the Fair Labor Standards Act (FLSA) and proper leave under the Family and Medical Leave Act (FMLA), for employees who telework or work away from an employer’s facility.
While the FAB is not law, it contains what the WHD believes is important enough to direct its enforcement agents to consider. As such, employers are well-advised to address the issues in the FAB in preparation for when the WHD knocks on the door.