A new study by WorldatWork indicates that the number of hourly workers in the U.S. using flexible scheduling benefits such as teleworking is larger than expected.
The study, “Flexible Work Arrangements for Nonexempt Employees,” found that a surprisingly high number of companies are allowing nonexempt employees to telework despite traditional limitations such as work hour and safety requirements.
When it comes to flex and hourly workers, it’s not just a question of how to maintain production/service levels, but how to stay on the right side of the law.
“The participation of non-exempt employees in flexible work programs is much higher than expected, but not as well-organized and orderly as is required by employment law,” said Charlie Grantham, managing director of Work Design Collaborative, the researchers who completed the WorldatWork study.
We heard similar concerns from an employment lawyer at the recent Illinois state conference for the Society of Human Resource Management.
Because there are so many potential legal issues for overtime nonexempt employees—and the courts haven’t ruled on them yet—there could be a natural reluctance by some organizations to delve into flexibility.
Until those court cases are complete, organizations need to look at the old rules and make informed, good faith decisions based on that information.
A key bottom line, however, is that the issues for nonexempt workers have to do with working from home. And we know there are lots of flexible alternatives that don’t involve working from home. So if you’re worried about the legal aspects, come up with other solutions….
…Like the companies in this Families and Work Institute report, released in May. The comprehensive study is complete with case studies and fresh, new innovative solutions for offering flexibility to hourly workers. As we’ve said before, the report is a phenomenal resource.
“As flexible programs grow in both scale and scope, policy development in this area will become a critical human resource management issue,” Grantham says.
True. But with 45% of respondents including nonexempts in flexible work programs, the WorldatWork report demonstrates that workplace flexibility is becoming more of an imperative for employers.
Employers must not let legal fears prevent (or seemingly excuse) them from pursuing these viable, valuable strategies that have been solidly proven to drive productivity, retention, and innovation.