Working people, from tech professionals to healthcare support staff, now regularly do their jobs from home, coworking spaces, and just about anywhere with a decent internet connection. The shift to remote work has unlocked a new level of flexibility for employees, but it has also created new opportunities for employers to take advantage of them.
Wage theft occurs when businesses and other employers underpay their workers, including by forcing them to work off the clock, blow through breaks, or failing to pay overtime rates. Sometimes, it is deliberate. Other times, it is chalked up as a “mistake” or an “oversight.” Regardless, wage theft takes money out of employees’ pockets that they have rightfully earned.
Wage theft is sadly common in Washington and across the country. Employees who work remotely are particularly at risk due to challenges with tracking hours, blurred lines between work and personal time, and the misclassification of these workers as independent contractors.
At Justice Law Corporation, our Washington wage and hour attorneys help working people fight back when they are ripped off or shortchanged on the job. We are seasoned attorneys who have dedicated our professional lives to these cases and have a significant track record of success.
Here is what remote workers need to know about wage theft and how to take action.
How Wage Theft Works
Wage theft generally refers to a wide range of pay violations under state and federal laws.
Workers in Washington have some of the strongest wage-and-hour protections in the country. Employees must be paid:
- At least minimum wage for all hours worked
- Overtime at 1.5 times their regular rates for hours over 40 per workweek
- For short breaks (10 minutes)
- For “on-call” time, in some situations.
Employers who do not comply with these requirements commit wage theft by retaining money that should be paid to their workers. Remote work does not change any of these rules. If anything, it increases the burden on employers to monitor work time accurately and ensure compliance.
Wage theft can rear its ugly head in various ways. Our Washington wage and hour attorneys commonly see cases involving:
- Late payments
- Unpaid overtime
- Illegal deductions
- Off-the-clock work
- Misclassification
- Failure to track hours
The throughline across all these situations is that employees are not fully compensated for their time on the job.
Wage Theft Risks in Remote Work
Wage theft often occurs in remote roles because employers have not thought through how to ensure they meet their legal obligations for workers who do not come into an office. They do not update policies, supervision systems, and expectations for workers who do their jobs in remote environments.
Shoddy Timekeeping
Remote workers often work with little or no direct supervision. That means their employers rely on remote workers to self-report their time using flawed timekeeping systems.
This can make it difficult, or even impossible, for remote employees to record all of their work. Remote workers often end up underpaid because they cannot accurately report all the time they spend on the job.
‘Always On’ Pressure
Remote workers can find it hard to separate work and personal time. Many feel pressure to be “on” outside their regular work hours, especially if their employer is in a different time zone.
Many remote workers feel expected to respond to emails or messages instantly, jump into unplanned video calls, or simply stay available outside scheduled hours. This time can add up. Mandatory meetings, check-ins, and other work outside of regular hours—even if it “only takes a minute”—is work time for employees in Washington. Workers must be paid for this time.
Most Workers Are Entitled to Overtime Pay
More workers are eligible for overtime than many people expect. That is particularly true in Washington, where state laws entitle a much larger swath of employees to overtime pay than federal law does.
There are two common misconceptions about overtime pay for remote workers.
The first is that anyone who is paid a salary is automatically not eligible for overtime pay. The second is that anyone who works off-site cannot get time-and-a-half pay for overtime. Neither is true.
What matters is how much you are paid and what kind of primary job tasks you perform.
Only workers who are paid above a certain amount and primarily perform executive, administrative, or professional duties are ineligible for overtime pay.
Many employers broadly classify anyone who works remotely as an independent contractor, rather than an employee. Unlike employees, independent contractors are, by law, treated as self-employed entrepreneurs who are not covered by minimum wage, overtime pay, and other protections.
Misclassification is a form of wage theft. Some employers simply tag all remote workers as contractors to avoid paying overtime or reducing their employment tax burdens. To qualify as an independent contractor, a person must exercise significant control over how he or she performs the work and meet other requirements.
How to Fight Wage Theft
Remote workers who have been shortchanged by their employers have the right to fight back.
Workers can file claims with state and federal agencies, alleging wage and hour violations and requesting investigations. They can also go to court and file lawsuits accusing their employers of wage theft.
Class actions are a powerful tool that allows groups of employees who have been ripped off to join together to pursue claims against their employers. Employment class actions help workers level the playing field with large corporations by allowing them to pursue claims in a single case.
Our Washington Wage and Hour Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid for overtime or in other terms and conditions, you do not need to go it alone. A Washington wage and hour attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
