Employers are responsible for insuring that handbooks are completed as required. The handbooks require homeworkers to also list business related expenses, such as equipment and supplies. In the case of clerical workers who may perform duties at home on only an occasional or sporadic basis, employers are not required to follow homework regulations. However, all hours, including the time worked at home, must be recorded and compensated as required by the FLSA for every employee. Employer fails to maintain required record of hours, production, etc., or fails to instruct the employee to record the required data in the DOL homeworker handbook.
Employer fails to assure that homeworker paid on piece rate basis has earned the minimum wage.
The employer must bear the cost of tools purchased as well as tool maintenance and repair to the extent that these costs cut into the minimum wage or overtime wages required. Employer fails to count as hours worked preparatory and concluding activities, time spent at the shop, travel time and training time. Employer fails to ensure proper certification for the restricted industries. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.