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Do Remote Workers Get Overtime Pay?
Do remote workers get overtime pay? Yes, they often may be entitled to it, depending on their job classification and hours worked. Just because an employee works from home doesn’t mean employers are exempt from federal and Ohio wage laws. If you’re a remote employee putting in long hours, especially beyond 40 hours per week, you could have a valid claim for unpaid overtime.
An experienced employment lawyer can help you understand your rights and determine whether your employer is following the law.
Do Remote Workers Get Overtime Pay Under the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid overtime (1.5 times their regular hourly rate) for all hours worked over 40 in a workweek. This law applies regardless of whether the employee works onsite or remotely.
Key points under the FLSA for remote employees:
Work time must be compensated if the employer knows or has reason to believe work is being performed, even if performed at home.
Time-tracking is still required. Employers must ensure accurate records of hours worked.
Employees cannot waive their right to overtime, even voluntarily.
In Perez v. City of New York, 832 F.3d 120 (2d Cir. 2016), the court reaffirmed that remote work performed with the employer’s knowledge could give rise to unpaid overtime claims under the FLSA.
How Does Ohio Law Affect Remote Worker Overtime Pay?
Ohio wage laws generally follow federal guidelines but also include state-specific enforcement. Under the Ohio Revised Code § 4111.03, non-exempt employees must be paid overtime for all hours over 40 per week. This includes remote work, as long as the work benefits the employer and the employer knew or should have known it was being performed.
Remote workers in Ohio are entitled to:
Accurate tracking of hours (even if not on a timeclock)
Overtime pay for hours worked beyond 40/week
Wage protections against retaliation if they assert their rights
If your employer is failing to track your hours or discouraging you from logging extra time, it may violate both Ohio and federal law.
Are Salaried Remote Employees Eligible for Overtime?
This depends on whether the salaried employee is classified as exempt or non-exempt. Exempt employees (such as certain professionals, executives, or administrative roles) are not entitled to overtime. But many remote employees mistakenly assume that being salaried automatically means they’re exempt.
To be classified as exempt under federal law:
The employee must earn a minimum salary threshold (currently $684/week under FLSA), and
Their primary duties must fall under a recognized exemption category.
If either element is missing, the remote worker may be non-exempt and eligible for overtime, even if salaried. Misclassification is a common wage violation that employment lawyers frequently pursue.
What Counts as “Work” for Remote Workers?
Remote employees often blur the line between work and personal time. Under the law, any task performed for the employer’s benefit may count as compensable work time. This includes:
Checking or responding to emails after hours
Logging into systems for quick tasks
Attending mandatory remote meetings
Completing reports or follow-ups outside your scheduled shift
Employers must compensate this time if they know or have reason to believe it is occurring. Ignoring these off-the-clock hours can result in legal exposure.
What Should You Do If You’re a Remote Worker Not Being Paid Overtime?
If you’re working more than 40 hours per week from home but not receiving overtime pay:
Document your hours and keep personal records.
Communicate with your employer and flag the concern.
Consult an employment lawyer to assess whether you’ve been misclassified or denied rightful wages.
In some cases, you may be eligible for double damages and attorney’s fees under the FLSA if your employer’s violations are found to be willful.
Contact Coffman Legal for a Free Consultation
If you’re a remote worker and believe you’re owed unpaid overtime, don’t wait. The experienced employment lawyers at Coffman Legal can help you recover the wages you may be entitled to. We’ll evaluate your case at no cost and advise you on how to proceed. Reach out today for a free consultation and protect your rights as a remote employee.
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