The U.S. Department of Labor sets wage and hour standards, including stipulations involving overtime pay, for employees pursuant to the Fair Labor Standards Act.
The act mandates that certain employers compensate non-exempt employees one-and-a-half their regular rate of pay for each hour worked over 40 in a workweek.
With many companies moving to remote work over the last year and a half, employees may be wondering whether these overtime rules still apply if they are working outside the office.
In short, the answer is yes.
Compensation for non-exempt employees
Regardless of the employee’s location, they are still entitled to overtime pay – even if it’s on their couch in the comfort of their home. As long as they are performing work for their employer, the overtime pay rules still apply.
Flexible working hours
Some employers allow employees who are working remotely to work a flex hour arrangement, perhaps putting in a few hours in the morning, then resuming at night. The OT rules, however, still apply to flex working arrangements as long as hours worked are over 40 in a workweek.
It’s easy for an employer to request that employees working from home check their email in the evenings, complete tasks or remain “on call” at night. After all, it’s easy since they are at home.
However, regardless of the ease of access, work is still work even if it’s in the privacy of an employee’s home.