A recent decision made by the 10th Circuit Court of Appeals found that an employer did not violate the Fair Labor Standards Act due to the employee’s failure to utilize the employer’s time keeping requirements. The employee alleged that he performed work from home and was not compensated for the time. However, the employer did have time keeping measures in place that the employee failed to use when performing work from home. The Court found that this was not a violating of the Fair Labor Standards Act.
The lesson learned from this is that employees must follow the time keeping requirements of the company. Despite the employee performing the work, the employer must learn about the work and the employee must utilize the time reporting requirements of the employer. This case is not controlling in New Jersey State of Federal Law.by Tom McKinney