Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Forced To Work At Home

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Forced To Work At Home

    I work a 40 hour week outside of my home. Is it lawful for my employer to give me tasks that can only be performed at home on the computer without paying me for my time?

  • #2
    It is lawful for your employer to give you tasks that can only be done at home.

    Whether or not you need to be paid for the time depends on whether you are exempt or non exempt.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      I am exempt.

      Comment


      • #4
        If you are exempt there are no circumstances whatsoever in which you are legally entitled to any additional compensation over and above your regular salary. That's what exempt MEANS - exempt from overtime pay.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Originally posted by cbg View Post
          If you are exempt there are no circumstances whatsoever in which you are legally entitled to any additional compensation over and above your regular salary. That's what exempt MEANS - exempt from overtime pay.
          Just to clarify, in case the OP was not working overtime, the exempt employee is paid a salary for the week, no matter how many or how few hours are worked. Work at the office, at a hotel, from home, in the car, it does not matter. There are some allowable deductions from the salary (full days off for personal reasons is one).
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment


          • #6
            And you may, repeat may, be able to deduct a portion of your home's expenses as a business expense on your taxes.

            You should see a qualified tax preparer.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment


            • #7
              I'm paid by the hour. They don't want us working overtime but require us to do paperwork and computer work at home on our own time. Working at home two hours a week here and two hours a week there adds up.

              Comment


              • #8
                Being paid by the hour is just a payment method.

                You are either exempt from overtime law or you are non exempt from over time law.

                If it makes you feel better, most people that are exempt work far in excess of a 40 hour week... many of those additional hours at home.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                Comment


                • #9
                  Originally posted by Dawter View Post
                  I'm paid by the hour. They don't want us working overtime but require us to do paperwork and computer work at home on our own time. Working at home two hours a week here and two hours a week there adds up.
                  That could be a problem. There are very few hourly jobs that are exempt from overtime and I am going to assume yours is not one of those.

                  The employer is insisting (my guess) that you take care of business on your own time without pay. Not legal, if you are non-exempt.
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                  Comment


                  • #10
                    Okay, some of us were just wondering about it.
                    Thanks for all your help.

                    Comment

                    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                    Working...
                    X