How To Ensure Your Employer Is Properly Compensating You For Your Work Time
Working from home has become a permanent fixture for millions of Americans. Whether you’re fully remote or part of a hybrid team, one thing is certain: your employment rights didn’t clock out when your office closed.
Wage and Hour Violations: Out of Sight, Not Out of Mind
Just because your boss can’t see you working doesn’t mean your employer doesn’t need to pay you for those hours. Under both Massachusetts and Federal law, non-exempt employees are still entitled to minimum wage and overtime pay—no matter where the work is done.
Common issues remote workers face include:
- Not being paid for all hours worked (especially “off-the-clock” tasks like responding to emails after hours)
- Being denied overtime despite working more than 40 hours a week
- Being reclassified as “independent contractors” to avoid payment of benefits or overtime
Tip: Keep a personal log of your work hours and tasks. If your time isn’t being tracked accurately, that could be a wage violation.
Overtime and Misclassification: Remote Doesn’t Equal Exempt
Some employers take advantage of the blurred lines in remote setups to improperly classify employees as “exempt” from overtime. But job title alone doesn’t determine your exemption status—it depends on specific duties and salary thresholds.
Some warning signs of misclassification include:
- Doing the same work as hourly colleagues who do receive overtime
- Being expected to be available 24/7, even on weekends or holidays
- Being reclassified without any explanation during your shift to remote work
If this sounds familiar, it may be time to talk to an employment attorney.
Remote Doesn’t Mean Unprotected
If you have concerns about your treatment, you have the same right to seek redress as any other employee. Don’t let distance silence your rights. If you’re being taken advantage of—or think you might be—it’s worth talking to an experienced employment attorney.
Best Practices for Remote Employees
It’s also important to stay proactive and organized in your work practices as well. Taking a few simple steps can protect you from misunderstandings, ensure compliance, and support any future claims you may need to make.Smart practices for remote workers include:
- Complying with remote work policies: Review and follow your employer’s expectations regarding work hours, responsiveness, data security, and equipment usage.
- Informing your employer of your work location: If you’ve moved or are working from a different state, let your employer know—this can have legal and tax implications.
- Accurately tracking your work hours: Keep detailed, honest records of your start times, end times, breaks, and any after-hours communications. These records can be vital in wage and hour disputes.
- Submitting reimbursement requests: If you’ve purchased your own equipment or pay out-of-pocket for things like internet or a printer used for work, make sure to submit those expenses according to company policy.
Taking responsibility for these administrative tasks not only strengthens your position but also helps avoid unintentional violations of workplace policy and misunderstandings between yourself and your employer.
How Greene and Hafer Can Help
If your rights are being violated, Greene and Hafer can help. Our Boston-based attorneys have extensive experience in employment and privacy law. Contact us to schedule a confidential consultation.
