In the modern-day workplace, there are more remote workers than ever. This makes it more critical to understand a remote worker’s wage and hour rights compared to traditional in-office employees. Both types of workers are entitled to fair pay according to state and federal laws; however, determining and complying with the correct laws may take extra effort from employers. Learn more about your rights under Ohio wage and hour laws before exploring how these rules apply to remote workers.
For the most part, an employer’s legal responsibilities regarding employees remain the same whether staff members work from home or at a physical workplace. All employers in Ohio must abide by state laws and the federal Fair Labor Standards Act when it comes to scheduling and payroll for remote, non-remote and hybrid workers.
Employment laws apply to remote workers in the same manner as in-office employees in Ohio. This includes minimum wage, overtime pay, meal and rest break laws, and paid time off. As long as the remote employee is not an exempt worker, employers must maintain the same standards. Employers must also fulfill recordkeeping requirements for remote workers.
Although the majority of wage and hour laws stay the same, there are some special considerations to be aware of when it comes to remote vs. in-office workers. Employers in Ohio need to properly navigate these differences to ensure fair and proper pay for all workers.
Remote work relies more on the employee’s transparency and honesty than a traditional office setting, where supervisors can oversee employees and more easily enforce company policies. An employer must ensure that all remote hours worked – including overtime hours – are properly tracked, documented and paid.
While this is an issue that can affect any worker in Ohio, employee misclassification tends to occur more frequently among remote workers. Just because an employee works from home does not mean he or she is an independent contractor. An employer must still conduct the proper tests to ensure the correct classification of remote workers.
It can be more difficult to distinguish between on-the-clock and off-the-clock work when an employee is working from home. An employer is required to pay a remote worker for all hours spent performing job-related tasks, including responding to work emails or phone calls and completing assignments outside of scheduled work hours. Employers must accurately track remote work hours to ensure proper overtime pay.
The nature of remote work means that a company in Ohio can hire someone living in a different state. In this unique circumstance, the employer is required to comply with the employment laws of the state where the worker is living or based.
Understanding and protecting your rights as a remote worker can be a challenge. At Scott & Winters Law Firm, LLC, we are committed to helping all workers get the treatment and pay they are owed under relevant labor laws.
Our attorneys can help you detect a wage or hour violation, collect evidence to prove your claim, and fight for fair compensation for your financial losses as a remote worker. Contact us today to discuss your specific situation during a free consultation.
