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Should I Be Receiving Overtime When I Work from Home?


More and more employees are working from home. Some employers are offering employees the ability to work from home for extended periods of time. Many online companies have even given their employees the option to work from home permanently. But now that working from home is becoming common and not an exception, it is important employee rights are protected. This includes being paid for overtime work.

An employer is not legally able to withhold pay you are owed for work, including overtime, that you performed. When a person is working from home, the lines between personal and professional can blur. It is important you defend your rights. If you have questions about your pay, because you feel your Ohio employer is withholding pay or overtime that is rightfully yours, connect with a Columbus wage and hour attorney.

Tracking Hours Is Important for Non-Exempt Employees

Employers often classify employees as exempt or no-exempt. This is an important distinction in determining if you are eligible for overtime pay because exempt employees do not receive overtime pay. Instead, they are given an annual salary and often hold professional positions. Although employers may classify employees as “exempt” though, some “exempt” employees are misclassified and should otherwise be non-exempt and entitled to overtime. Our experienced misclassification and unpaid overtime attorneys can assist you with determining whether you have been misclassified.

Non-exempt employees are not salaried employees, they are paid by the hour. Then, if they work more than 40 hours within a week, they are eligible for overtime pay. Time tracking can be a problem because it is unlikely that there will be the regular time punch system that you may use at your employer’s office. Ask your employer if there is a time-tracking system they would like you to use. Ways to track how many hours an employee has worked include the following:

  • Writing down hours with pen and paper.
  • Browser plugin time tracker.
  • Time clocks, online or punch kiosks.
  • Mobile applications or apps.

In addition, it would be ideal if you separately ensured that your overtime hours were correct in the event a later dispute arose. However, the onus is on your employer to ensure that you are compensated for all work performed, including overtime.

If You Were Not Paid Overtime, Talk to a Lawyer

Talking to an experienced unpaid overtime attorney is the best course of action if you suspect the place you work has not been paying you appropriately. If you are entitled to overtime pay, you have rights. An employer cannot force you to work off the clock. A Columbus wage and hour attorney can assess your situation and determine a path forward. If your employer has not been complying with local and federal laws, legal action can be taken to recover not only the unpaid overtime, but also liquidated damages, attorney’s fees, and other damages.

Each situation is unique. A legal professional who is experienced with handling overtime disputes, like the overtime lawyers at Coffman Legal, can determine the correct option for you and your situation.

Have you been working overtime from home and feel you are not being paid appropriately? Contact the Columbus wage and hour attorneys at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation with an experienced unpaid wages or unpaid overtime lawyer.


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