With remote work becoming increasingly common, wage-and-hour violations have adapted to this new work environment. Employees working from home face unique challenges that lead to specific types of violations. Understanding these can help workers protect their rights.
Off-the-clock work
One of the most frequent violations involves off-the-clock work. Remote employees may feel pressured to respond to emails or attend meetings outside regular hours, but employers must compensate for all hours worked, even those beyond the typical workday.
Misclassification of employees
Employers sometimes misclassify remote workers as independent contractors or exempt employees to avoid paying overtime. This practice is illegal if the worker does not meet the criteria for independent contractor status or exemption under wage-and-hour laws.
Failure to track work hours
Many remote workers lack proper time-tracking tools, which can lead to underreporting of hours worked. Employers must ensure that employees working from home are accurately recording their time, and they must pay for all hours worked, including overtime.
Unpaid overtime
Remote workers often struggle with blurred lines between work and personal time, leading to unpaid overtime. Employers are required to pay overtime to non-exempt employees, even if the overtime wasn’t pre-approved.
Improper meal and rest breaks
In a remote setting, workers may miss out on required meal or rest breaks due to flexible schedules. Employers must ensure employees take legally mandated breaks, and failure to do so could result in wage-and-hour claims.
Recognizing these common violations can help remote employees understand their rights and seek legal advice when necessary. Wage-and-hour laws still apply, regardless of whether work is performed in an office or from home.