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Can non exempt employees in California work at home w/o exempt supervision on site?

Bucky333Bucky333 29 Posts
in HR & Employment Law Vote Up0Vote Down

As a California non profit employer with state contracts and employees working under those; we have a situation where we have offices closed or to be closed for periods due to state budget situation.  Our non exempt employees want/need to continue their work and can do so with a telecommuting agreement, but are we unable to move forward becuase it is my understanding that we cannot have non exempt employees work without exempt staff supervision on site.   The state of California has mandated their employees to take no pay on every other Friday for approximately 18 months and this will affect our employees working side by side with their state employee peers.

 Is this true?  Are there any ways to make it happen considering the state budget crisis?    Thanks for any guidance...we want to be able to provide our employees the opportunity to continue working, but if thier office is not availble due to closure, what options do we have?

 

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  • 3 Comments sorted by Votes Date Added
  • TXHRGuyTXHRGuy 1,586 Posts
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    If this is true at all, it sounds like something that's tied up in the deal granting the money paying for the jobs.  I've worked non-profit before and we had no rule about the necessity of exempt supervisory staff being on-site while non-exempt employees were working.  I'm still in contact with that organization and they still don't have that rule, either.  If nobody knows authoritatively, you might look into the strings attached to your funding streams first.
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  • HRforMEHRforME 497 Posts
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    The main con against nonexempt employees working at home is the requirement that the employer pay them for all time worked.  It is hard to track how much they are working when there is no one to watch.  Sometimes computer systems can be setup to track it, but not always.  

    I don't know of any specific laws, but I know a lot of companies that do not think it is a "best business practice". 

     

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  • Bucky333Bucky333 29 Posts
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    Thanks for your help, makes sense.  I had not heard of any FSLA laws that were specific to that issue either, but hadn't thought of the funding stream, etc.

    We may need to do this for a period of time, related to the CA state employees work furloughs.  Thanks again for your help TXHR Guy and HRforMe....I can always come to the forum and get needed information in a really substantial way,

    Happy New Year

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