Summary: The age of teleworking has changed how many companies operate, but the U.S. Department of Labor has issued important guidance to ensure workers’ rights are protected. Contact an attorney if you are a remote worker facing a wage and hour violation.
While remote work became increasingly popular before the pandemic, the last several years have led to a significant spike in companies adopting various telework policies. Under the Fair Labor Standards Act (FLSA), companies must comply with minimum wage requirements and pay overtime compensation to nonexempt employees, regardless of whether they work in-office or remotely.
The U.S. Department of Labor has issued numerous bulletins over the last several years containing guidance to remind employers of their obligations to employees in the age of telework. If you are a remote worker and believe your wage rights have been violated, you should consult with a skilled unpaid wages attorney as soon as possible to understand your legal options.
The Department of Labor’s Guidance on Teleworking Rights
The Department of Labor’s guidance that is applicable to teleworking rights is wide-ranging. Key provisions include the following:
- Nonexempt remote employees must be paid for all hours worked, including overtime compensation, and not just hours during regularly scheduled shifts
- Hours worked for the purposes of recording straight time, as well as overtime, should include the time that the remote employee spends between their first and last principal activities of the day
- Remote workers should be compensated in accordance with at least the federal minimum wage
- Nonexempt remote workers should be compensated for their breaks unless the break is longer than 20 minutes and free from interruptions
- If the employer does not compensate nonexempt remote workers for meal periods (usually these are breaks of 30 minutes or longer), the meal period does not have to be included in hours worked, but the worker must be free to use that time completely for their own purposes
- Employers can decide with remote workers about a specific period of time during the workday that will be an unpaid meal period, which the employee can use for any purpose they choose
- Any work performed by a nonexempt remote worker outside of their regular shifts or break time must be included as hours worked
- FLSA nursing breaktime requirements apply to remote workers, including that nonexempt, covered employees who are expressing milk must be paid if working through a nursing break
Many companies continue to transition partially or fully to virtual environments. These employers maintain the same obligation to keep an accurate record of all hours worked when their employees work remotely as they do for in-office personnel.
Remote Workers May Face Unfair Pay Practices
Remote, nonexempt workers must be paid for all hours worked, whether or not the work was requested or permitted by their employer. If you are an employee who performs remote work either regularly or occasionally and has been working unpaid overtime, you may be owed compensation.
Violations involving poor record-keeping by employers, minimum wage issues, and failure to reimburse work-related expenses are also common for remote workers.
A dedicated attorney can help you gather evidence and build a strong case demanding your rightfully earned compensation.
Enlist the Help of a Skilled Wage and Hour Attorney
As many workplaces have transitioned their workforces to partially or fully remote, employee timekeeping obligations have not changed. Companies that fail to show reasonable diligence in tracking the hours that employees work, who fail to pay overtime to covered workers, or who engage in other violations can be held legally accountable.
Do not hesitate to reach out to our firm today if you are a remote worker and believe you are being underpaid. Contact us through the intake form or our online chat to receive your free, confidential review.