Remote work has become a permanent fixture in workplaces across Missouri and the rest of the country. While the flexibility can be a welcome change for employees, it also creates new challenges around wage and hour compliance. As more employees log in from home offices, co-working spaces, or even across state lines, both employers and workers must understand how existing labor laws apply outside the traditional workplace.
At its core, remote work does not alter an employee’s right to fair pay. But the lack of physical oversight and the blurred line between work and personal time can make wage violations more common and harder to detect. Below, we break down key issues and steps employees can take if they believe their rights have been compromised.
Wage and Hour Laws Apply No Matter Where You Work
The Fair Labor Standards Act (FLSA) establishes the federal minimum wage, rules for overtime pay, and requirements for accurate timekeeping. These protections apply equally to remote employees as to those working on-site. In Missouri, state wage laws often work in conjunction with the FLSA to ensure that workers are properly compensated.
For remote workers, the biggest challenge is often ensuring that all hours worked are accurately recorded. Employers must maintain reliable systems for tracking time, and employees should be encouraged, not discouraged, to record all time spent performing job duties. If an employer knows or should know that an employee is working, that time must be paid.
Common Violations in Remote Work Settings
Misclassification of Employees
One of the most frequent issues in remote environments involves misclassification. Employers may label workers as “independent contractors” even though they function as employees in all but name. This can strip workers of their right to overtime pay, rest breaks, and other important protections. Classification depends on the level of control the employer exercises, rather than on job title or the location where the work is performed.
Off-the-Clock Work
Remote employees often feel pressure to remain available beyond regular hours, answering late-night emails, responding to messages, or preparing for the next day. These tasks are compensable work. Employers cannot expect or allow employees to perform work “off the clock,” even if it seems minor or sporadic.
Overtime Violations
Without a traditional 9-to-5 schedule, remote workers may find their hours creeping upward. Employers must pay overtime for every hour worked over 40 in a workweek, regardless of how or where the work is performed. Failure to track hours accurately or discouraging reporting of overtime is unlawful.
Protecting Yourself as a Remote Employee
Remote workers can take several steps to safeguard their rights. Documenting hours worked, saving communications that reflect expectations, and reviewing official job classifications can help build clarity around wage-and-hour issues. If concerns arise, reporting them internally is often the first step. However, if the problem persists or the employer retaliates, seeking legal advice may be necessary.
Missouri employees should be aware that both federal and state laws protect workers who report wage violations. You should not have to choose between keeping your job and demanding the pay you’ve earned.
The Bottom Line
As remote work continues to expand, so does the need for clarity and compliance around wage and hour laws. Employers must establish fair policies, provide clear communication, and respect employees’ time, both on and off the clock. Employees, in turn, should feel empowered to understand their rights and raise concerns without fear of retribution.
If you believe you have been denied overtime pay, misclassified, or required to work off the clock, Sedey Harper Westhoff can help you understand your options. Our team is committed to protecting workers throughout Missouri and ensuring fair treatment in every workplace, whether remote or otherwise. Contact our firm to discuss your situation confidentially.