Is my employer allowed to dock my full-time pay because I work from home?

UPDATED: Oct 2, 2022

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Is my employer allowed to dock my full-time pay because I work from home?

I work remote from home and Im a full time employee working about 70-75 hours biweekly in the companies

monitored software but about 5-10 hours biweekly are unaccounted for because I call customers and patients as well as health plans and send e-mails but it is not monitored because its not done through the company software which does not have those features. However, I’m only paid for the time the software monitors. Is that legal?

Asked on October 27, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are an hourly employee (paid based on the hours you work; not paid an annual salary) the you must be paid for ALL time worked--that's the law (e.g. the Fair Labor Standards Act or FLSA). The employer may not legally only pay you for the "monitored" time--if they want to monitor all your work, that is their concern and they can up to with a way to do so if they want, but regardless of monitored or unmonitored, if you work, you must be paid. Based on what you write, you appear to have a claim for unpaid wages and may wish to contact the state departmet of labor.

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