Must home office employees "give" the time they would have been commuting? 02-07-2007

Our company employs computer technicians that work from home offices. We have a written policy that states the employees should "give" the first 30 minutes as well as the last 30 minutes for their work day to the company without being paid since they don't have to drive to work (we consider this in lieu of commute time.) Is this legal?

Rita Risser replies:

Ordinarily we recommend having written policies. Not a good idea, though, when you are requiring employees to work illegal overtime. This policy is Exhibit A in the successful lawsuit against you.

One hundred million dollars for lost overtime. That's how much has been paid by companies in the last year alone. Many are high tech companies that improperly classified employees as exempt. Find out if you are at risk. Call Fair Measures today at 1-800-458-2778 or email Info@FairMeasures.com.

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