Shutdowns caused by COVID-19 have resulted in remote work arrangements, as well as changes to hours worked, pay and duties for many. Businesses looking to “make whole” employees whose pay was reduced need to make sure this good deed doesn’t do more harm than good. Jones Walker’s Maggie Spell explains.
In the wage and hour world, good intentions don’t mean much if a company isn’t in compliance with the Fair Labor Standards Act (FLSA) and, in some jurisdictions, more restrictive state and/or local laws. Indeed, this is an area that can trip up even the most diligent employers under the best of circumstances, let alone during a global pandemic when employers are trying to keep employees healthy, safe and employed.
Despite the myriad challenges facing employers (and the world) right now, it would be foolish to think employees and their legal counsel are going to take it easy on employers simply because of COVID-19 and the ensuing and still ongoing business complications. Employers should always expect that employees may seek out legal counsel — especially when they’re out of work or feel they’ve been mistreated. In fact, wage-and-hour cases seem to bubble up whether or not that’s why the employee sought out counsel in the first place, because it’s such a technical law (and plaintiffs’…
