Compliance Stuff

The shift to remote and hybrid work arrangements has fundamentally changed how employers manage (and potentially mismanage) wage-and-hour compliance. While flexible work models offer significant benefits, they also present unique challenges under the Fair Labor Standards Act (FLSA) and analogous state laws. Wage-and-hour claims remain one of the most frequently litigated employment issues, and remote work has created new avenues for liability, particularly with respect to timekeeping, overtime, and off-the-clock work. Below are some key compliance risks that employers should be addressing now, along with practical strategies to mitigate exposure. Tracking Hours Worked Non-exempt employees must be paid for all hours worked, including time that may be difficult to capture in a remote setting . Even small increments of unrecorded time can lead to significant liability when aggregated across a workforce. Without direct supervision, employees may:  Work outside scheduled hours Respond t...

In this installment of our  Workplace Strategies Watercooler 2025  podcast series, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), who are co-chairs of the firm’s Multistate Advice and Counseling Practice Group, join Todd Duffield (shareholder, Atlanta) to discuss the latest tips and trends for multistate handbooks. Dee Anna, Lucas, and Todd touch on various state and local law-specific issues and key topics for employers’ consideration, including revisiting diversity, equity, and inclusion (DEI), leaves of absence, and reasonable accommodation policies. They also stress the importance of understanding employee monitoring and privacy limitations and employee rights to engage in protected activity under the National Labor Relations Act, a protection that extends to all employees, including those not represented by a union. Transcript Announcer: Welcome to the Ogletree Deakins podcast, where we provide listeners with brief discussions about importa...