May an employer allow a nonexempt employee to work from home or have a flexible schedule?

Author: Deborah J. Tibbetts,Esq.

Yes. An overtime-eligible employee is not required to have a predetermined schedule, and there are no restrictions under the Fair Labor Standards Act (FLSA) on when or where the work is performed. The FLSA also does not require minimum or maximum hours for a shift or prohibit split shifts. For example, an overtime-eligible worker may have a flexible schedule that requires the employee to work exactly 40 hours a week, but does not require the employee to work any particular hours. However, an employer must also check applicable state law for possible limitations on the flexibilities an employer may provide its nonexempt employees.