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Working From Home? Make Sure You’re Being Paid Properly, Including For Overtime Under The Fair Labor Standards Act

Posted by Andrew Weiner | Aug 13, 2020 | 0 Comments

During this COVID-19 pandemic, many employees are performing their jobs from home instead of from an office or another workplace.  Even though the work is being performed at home, the law has not changed:  employers still must compensate non-exempt employees for all the hours they work, including overtime.

Many states have state-specific laws that cover employee compensation.  The main federal law – the Fair Labor Standards Act – covers overtime and minimum wage.  Many of these state and federal laws apply even if an employee is working from home.  That means that time spent on email at home may be compensable.  Time spent on phone calls may be compensable.  Time spent on video conferences, like Zoom, may be compensable.  And if these hours take an employee over forty in a particular workweek, then the employer must pay overtime compensation.

If you are working from home, make sure that you are keeping track of your time.  That sometimes includes keeping your own record of the time worked.  Also make sure that your employer knows that you are performing the work.  The time you work should be included on your timesheet and you should make sure that your employer is paying you for it.  While an employer can instruct you to not work overtime, typically it still must pay you for overtime you work if it knows of your work and does not take any actions to stop you from doing so.      

If you question whether your employer has paid you for all the time you worked or if it has paid you correctly, feel free to reach out to the wage and hour attorneys at Weiner & Sand LLC.  We provide consultations at no cost, and if there is a case to pursue, we do not charge our clients an attorneys' fee since we recover our attorneys' fees from the employer when we succeed.

About the Author

Andrew Weiner

Andrew Weiner has represented and counseled clients in numerous areas of employment law, including race, gender, national origin, age, and disability discrimination claims, wage and hour disputes, retaliation and harassment claims, Fair Credit Reporting Act (background report) claims, common law tort claims, the development and implementation of employment contracts, employee handbooks, personnel policies, reductions-in-force, independent contractor agreements and compliance with Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other federal, state and local employment statutes. Andrew also has negotiated severance agreements, employment contracts, non-compete agreements, and confidentiality agreements.


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