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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption