Working From Home? Coronavirus Telecommuting Introduces New Possibilities for Wage and Hour Violations

The ongoing coronavirus pandemic continues to change many aspects of our daily lives, not the least of which is that countless people are now working from home. Those whose work allows them to telecommute are fortunate in some respects, because many people are now unable to go to work, have been laid off, or are working on the front lines of this pandemic like a hospital or a grocery store.

However, the rapid rise in teleworking—especially with companies not used to the practice—opens up new doors for potential wage and hour violations that may affect employees.

For instance, hourly workers have to clock in and out of work, but being able to keep accurate records of this information is now somewhat in limbo. There may also be legal issues surrounding overtime pay, on call requirements, employee reimbursement issues, disability accommodations, and more.

Legal experts have also suggested that employees may worry about saying no to work that violates their rights under wage and hour law, given the rise in layoffs rapidly spreading across the country.

Under federal wage and hour laws, workers not exempt from overtime requirements must be paid time-and-a-half pay over 40 hours a week. But determining when they’ve hit that point has suddenly become much more difficult for employers.

For the employees, tracking actual hours worked can be difficult—not just because there is no time card to punch in on or a machine to clock in at, but also because many are dealing with other things while working from home, such as childcare.

Moreover, some employees work on-call shifts, meaning that they are scheduled for an on-call shift but come in when required, according to what their company decides they need on a given day.

Recently, the U.S. Court of Appeals for the Ninth Circuit found that under California law, California retailers are required to pay employees for their on-call shifts. According to the three-judge panel, retail employees scheduled for on-call shifts that “reported for work” by calling their bosses before their shift must be paid for up to four hours of work if they are turned away. They must also be paid for the time they spent on the phone with their manager, the appeals court ruled.

But the nature of on-call work has also become much murkier in the last few weeks, as employers are cutting back hours and changing schedules.

Certain states, such as California, also have additional requirements for businesses that choose to mandate that their employees telecommute. Under California wage and hour law, employers are required to pay for business expenses their employees incur while working from home, such as cell phones and internet usage.

Companies with exempt workers may be tempted to deduct pay from their exempt employees who are working less than they did before. But the Federal Labor Standards Act (FLSA) requires employers to continue paying full salary to exempt employees as long as they perform any work in a given workweek. Under California law, no deductions from salary are permitted for absences of less than an entire day, for either personal reasons or for sickness.

In some cases, employers who institute a COVID-19-related office closure may be requiring their exempt staff to use up vacation time or paid time off. However, if the exempt employee’s vacation time and PTO are not sufficient to cover this, the employee is still legally owed their full salary for any week in which they perform work because that maintains their exempt status.

This is what’s required by federal law, but it couldn’t hurt to double-check the employee handbook to make sure all applicable benefits are being followed.

Filing a California Wage and Hour Lawsuit

A growing number of California workers are coming forward with allegations to wage and hour violations by their employers. California wage and hours lawsuits often reach settlement agreements before they go to trial, which can amount to millions of dollars in compensation.

If you work in California and believe that your employer has committed wage and hour violations, including violations caused by coronavirus-related adjustments, you may be able to file a wage and hour lawsuit and pursue compensation. Filing a lawsuit can help you recover the compensation you’re owed, as well as hold the company responsible accountable for its actions.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork or you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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