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Are You Entitled To Overtime Pay If You Work From Home?

August 27, 2020 Overtime Class Actions

Don’t Let Your Employer Withhold the Pay You’re Owed

As working from home becomes the new normal, this question becomes increasingly relevant. Working from home often blurs the lines between your work day and time off, and it’s not unusual for people to find themselves working longer hours at home than they ever did at the office.

So are you entitled to overtime pay for all that extra work?

Exempt vs. non-exempt employees

COVID aside, whether or not you’re eligible for overtime pay at all depends on whether you’re an exempt or non-exempt employee.

“Exempt” employees don’t qualify for overtime pay or even minimum wage. Exempt employees are paid a yearly salary, and tend to be higher-level workers such as executives, managers, and highly educated professionals. 

There are specific rules about the kinds of jobs that can be considered “exempt,” although employers sometimes stretch these rules.

Non-exempt employees are paid an hourly wage, and are eligible for overtime pay once they work more than 40 hours per week.

Non-exempt employees must track their hours

If you’re a non-exempt employee, you are entitled to a rate of at least 1.5 times your normal hourly pay for any hours you work in excess of 40 per week—no matter where that work is done.

Non-exempt workers are supposed to track their own hours when working from home. This can be challenging as lines often blur between work and home life when working from home, but the current rules assume a firm divide.

The best way for most workers to track and manage their time is to keep regular hours as they would at the office—if possible, in a separate area of the house to minimize distractions. Time-tracking software can make the process easier.

Your employer should be clear with you about whether you’re allowed to work overtime while at home—and if so, how much. If you work more overtime hours than they allow, the employer still has to pay you—but they are also legally allowed to fire you for that reason.

Are You Being Denied Overtime? Ask a Lawyer

If you suspect your company is denying you overtime pay that you’re entitled to, you should speak with a knowledgeable employment attorney.

The conversation is free and confidential. An experienced employment lawyer can investigate the situation, determine whether you are being denied pay you’re entitled to, and help ensure you get the compensation you deserve.

Call us at 267-273-1054 or email us at for a free, confidential consultation today.

The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.