So everyone advises you to be flexible about sick leave when your business gets hit with the flu. So you do it. So you get hit with a labor-law violation.

Here’s where good companies run into trouble. They –

• Work short-handed while employees are out sick

• Shut their doors because viruses like H1N1 prevent people coming to work, or

• Send everyone home to telework in an attempt to prevent illnesses from spreading.

Whatever plans your company makes to continue operations could inadvertently cause it to run afoul of the Fair Labor Standards Act. To ensure you remain in compliance, follow the U.S. Department of Labor guidelines:

1. Employers aren’t obligated to pay hourly workers who put in a partial week when the business is closed. The FLSA generally applies to hours actually worked – and it doesn’t require employers who are unable to provide work to nonexempt employees to pay them for hours people would’ve otherwise worked.

2. People can do work that’s outside their job descriptions. It’s OK to require those reporting for duty to pick up some of their ill colleagues’ responsibilities. The FLSA doesn’t limit the types of work employees age 18 and older may be required to perform. That’s true even if the work isn’t listed on the employee’s job description.

3. Companies may require employees to telework as an infection-control strategy when there are pandemic conditions. Telework may also be a reasonable accommodation. Just be careful HR doesn’t single out employees to either telework or continue reporting to the workplace for reasons prohibited by any of the EEOC rules. Remember, too, that workers must be paid their same hourly rate or salary if they work from home. Under the FLSA, employers generally have to pay people only for the hours they actually work, whether at home or at the worksite. However, the FLSA requires employers to pay nonexempt workers at least the minimum wage for all hours worked, and at least time and one-half the regular rate of pay for hours worked in excess of 40 in a workweek. Salaried exempt employees generally must receive their full salary in any week in which they perform any work, subject to certain exceptions.

4. Employees who are required to work from home (because the workplace has shut down) but can’t, don’t have to be paid. The FLSA only requires employers to pay people for the hours they actually work, whether they’re at home or the worksite – that’s minimum wage (or more) for nonexempt employees. Salaried exempt employees must be paid their full salary in any week in which they perform any work, but for a few exceptions. Note: DOL encourages employers to consider additional options to promote “social distancing,” such as adding staggered work shifts.

5. Letting employees “volunteer” to help out during a personnel shortage could cause trouble. While that’s a nice gesture, the FLSA has stringent requirements on when you can and can’t allow people to volunteer time. Generally, covered, nonexempt employees working for private, for-profit employers have to be paid at least the minimum wage, and can’t volunteer their services. Check with the Department of Labor for the rules when volunteering in the public and private, nonprofit private sectors may be allowed.