What are legal issues of exempts working at home?

Exempt employee (Programmer) on maternity leave. Can we pay an hourly rate to work at home? What are implications for workers comp exempt status , etc.?

Rita Risser's response:

Under the federal Fair Labor Standards Act, exempt employees may be paid on an hourly basis if working part-time. This does not affect exempt status; if anything, telecommuting adds to the likelihood they are exempt. Workers comp applies to injuries at home caused by work, e.g. carpal tunnel syndrome. Good companies like Hewlett-Packard now pay for ergonomic work stations at home. This may not be necessary for a temporary situation but is advisable for regular telecommuters.

Disclaimer: This information is provided with the understanding that the author and publisher are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person.