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Are remote workers entitled to overtime pay?

On Behalf of | Oct 22, 2021 | Class Actions, Wage & Hour Litigation

A significant proportion of the workforce work from home at least occasionally — especially in recent years. While working from home can be great, it’s much harder to just walk away and leave things unfinished at the end of the workday.

Consequently, remote workers can find themselves working longer hours than they may have done in the office. This leads to the question of whether or not remote workers are entitled to overtime pay. Often the answer is yes.

Exempt employees vs. non-exempt employees

The eligibility for overtime pay largely depends on whether you are classified as an exempt or non-exempt employee. Exempt employees are not entitled to overtime pay. Often, exempt employees occupy supervisory positions such as management and executive positions within a company.

Non-exempt employees include those workers who are paid based on an hourly rate. These employees are entitled to receive overtime pay if they work more than forty (40) hours in a week. 

Non-exempt remote workers must track their hours

Non-exempt workers are entitled to a rate of at least 1.5 their hourly rate once they exceed forty (40) hours of work in a single week. Crucially, this also applies to remote workers. Remote workers should carefully track the number of hours they have worked. This means making a written record documenting your hours. If your employer refuses to pay overtime when you’re entitled to receive it simply because you work from home, you need to make sure that you aren’t giving them extra labor for free.

Familiarizing yourself with wage and hour law is in your best interests. Employees have legal rights and protections, including if those who work from home. 

Do I Have to Pay Attorney’s Fees?

No. Our firm typically handles wage and hour claims on a contingent fee basis. This means that the lawyers don’t get paid unless you get paid.

If your employer has failed to pay you overtime, they may be violating your rights under state and federal labor laws. If this is the case, please contact us at 844-696-7492 (toll-free) or email us at [email protected]. You can also fill out the form on this page.