As remote and hybrid work have become the new normal, many employees are logging longer hours—sometimes without realizing they are entitled to overtime pay.
The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid for all hours worked, including time spent working from home. If you’re responding to emails late at night, taking work calls after hours, or performing other tasks outside your normal schedule, you may be owed overtime compensation.
What Counts as “Work” When You’re Remote?
Any activity you perform for your employer’s benefit is generally considered compensable, such as:
- Checking and responding to work emails
- Participating in after-hours video conferences
- Preparing reports or presentations at night
- Handling customer or client inquiries outside your scheduled hours
- Completing charts or documenting activities
Even small tasks—like reviewing documents or answering a quick message—can add up over time.
Common Remote Work Overtime Issues
Here are some of the most frequent violations we see:
- Employers expecting employees to be “always on” without tracking hours
- Unpaid time spent logging in to secure networks or troubleshooting tech issues
- Failing to count pre-shift and post-shift work (like preparing for meetings)
- Misclassifying employees as exempt from overtime when they don’t meet the legal criteria
Remember: Working from home does not waive your right to be paid for all your time.
Your Employer’s Responsibilities
Employers are required to:
- Track and record all hours worked, including remote work
- Pay overtime (time and a half) for hours over 40 in a workweek
- Train managers to avoid off-the-clock work requests
- Prevent retaliation against employees who report wage violations
If your employer discourages you from recording all your time, that could be a violation of federal law.
What You Can Do to Protect Yourself
If you believe you may have unpaid overtime from remote work:
- Keep detailed records of your hours, including emails, calendars, and time logs
- Save communications that show when you were working
- Review your paystubs to confirm all hours were paid
- Consult an employment law attorney to understand your options
💼 We’re Here to Help
Our firm has helped employees recover unpaid wages and overtime for remote work. If you think you’re not being paid fairly, contact us for a free, confidential consultation.
Your time matters—even when you’re working from your living room.
