Remote Work Overtime Violations: The Hidden Challenge Every Home Worker Must Know About

The shift to remote work has created an unprecedented challenge in employment law: proving unpaid overtime when your office is your home. As more and more employees engage in remote work and use personal technological devices for work-related tasks, the line between after-hours communication and unpaid work time becomes increasingly blurred. Courts recognize that remote environments make it harder to clock in and out. That’s why the burden falls on employers under the FLSA and NYLL to maintain records. When they don’t, worker testimony is enough.

The Growing Problem of Remote Work Overtime Violations

Remote work makes it easy for employers to ask for “just one more thing” after hours. They often assume employees won’t keep track, or that proving time worked will be harder without a time clock. So they reply to messages before or after logged hours, thinking it’s optional, but it’s not. That unpaid time may qualify as overtime or unpaid work.

Common violations include:

• Requiring workers to stay logged into messaging apps after hours
• Expecting weekend availability for “quick” calls or tasks
• Assigning projects that can’t be completed in the scheduled workday but refusing to count the extra hours
• Checking work emails at home or working through an unpaid lunch break

Employers may ignore prep time or administrative tasks you run through from home. … Replying to Slack messages before clocking in, or drafting reports when “off the clock,” without pay. Not compensating full shift hours due to technical clock-outs or tool restrictions.

How to Track Your Remote Work Hours

Documentation is your strongest defense against unpaid overtime violations. If you’re regularly working outside logged times, catching up emails, prepping for shifts, or reviewing reports, it’s time to track. Start documenting your start and stop times, including phone logs, app records, and even browser history if needed.

Accurate time records, while not required, can help form the foundation of any successful unpaid overtime claim, so maintain detailed logs of start times, end times, and breaks if you can. Use time tracking apps or written logs to document all hours worked beyond your regular schedule, including any work performed off-site.

Essential tracking methods include:

• Track all hours worked – Keep a detailed record of work hours, including time spent on emails, calls, and other job-related tasks
• Use Time-Tracking Tools: Utilize apps or software that accurately record work hours
• Take screenshots, emails, texts, anything that shows you logged on or responded outside scheduled hours. That helps prove the pattern.
• If you attended virtual meetings or submitted work during unpaid time, screenshot timestamps to support your claim

What Evidence Can Prove Your Unpaid Overtime

In reality, digital work leaves a trail. Evidence can include: Emails and chat logs. Timestamps often show when employees were working, even outside official hours. The key is understanding what constitutes valid proof in a remote work environment.

Strong evidence includes:

• Preserve emails, text messages, and other communications that show expectations to work extended hours or complete tasks outside regular schedules. Email timestamps can provide indirect evidence of when you completed work tasks, supporting your overtime claims. These electronic records demonstrate your extended working hours and can corroborate your documented time records.
• Company software often tracks when employees sign in and out of systems
• Log in and out records can establish an electronic paper trail that shows how long you’ve been working. We have also used VPN records to establish that employees were working from outside the office, but not paid for that work.
• Review pay stubs carefully to identify patterns of underpayment or missing overtime compensation for hours worked beyond 40 per week. Save all payroll records and any correspondence with payroll departments regarding pay discrepancies or missing overtime.
• Coworkers who witnessed your extended hours can provide valuable testimony supporting your unpaid overtime claim through sworn statements or affidavits. Colleagues who experienced similar overtime violations can strengthen your case by showing patterns of employer non-compliance.

Your Legal Rights Under Federal and State Law

Employers are legally required to track and compensate employees—particularly non-exempt workers under the Fair Labor Standards Act (FLSA)—for all hours worked, including overtime. Working from home doesn’t strip away your legal protections. You retain right to minimum wage, overtime, break periods, wage statements, and protection from retaliation under New York Labor Law §215.

New York requires accurate timekeeping, regardless of work location. If your role is non-exempt, your employer must track your hours properly under NY Labor Law §195. If they fail to track properly, New York rules allow your own records to be accepted under Labor Law §196‑a.

If you successfully prove overtime violations, you’re entitled to significant remedies:

• Back pay. Courts award the unpaid overtime wages owed. In New York, claims can go back six years under NYLL § 198(3).
• Liquidated damages. Under both the FLSA and NYLL, workers usually receive an equal amount on top of unpaid wages, effectively doubling the award.
• Attorneys’ fees. Employers may be ordered to pay the cost of legal representation, making claims more accessible.

When to Seek Legal Help

Speak up with HR or payroll if hours are missing. Many violations are resolved once payroll sees clear records. If ignored, you may file a complaint through the New York State Department of Labor or consider legal action under NY Labor Law §663 and the FLSA §216(b).

However, when internal efforts fail, consulting with an experienced unpaid overtime lawyer becomes crucial. An experienced attorney can help ensure all wage categories are considered, including benefit-eligible hours, bonuses, or remote-specific allowances. Having someone on your side makes navigating remote wage disputes less stressful—and often improves recovery outcomes.

The Howley Law Firm understands the unique challenges remote workers face. At The Howley Law Firm, we care about you. We will listen to you. We will help you make smart decisions. We will fight for your rights to compensation and justice. Our lawyers have helped clients recover millions of dollars for sexual harassment, discrimination, and unpaid wages.

Take Action to Protect Your Rights

They might feel subtle in the moment, an email here, a late Zoom there, but over weeks and months, the unpaid time piles up. Don’t let employers take advantage of remote work arrangements to deny you fair compensation.

Remember: Even if answering an email only takes 5 minutes, those minutes add up. If you’re not paying your nonexempt employees for that off-the-clock time, you could be violating the Fair Labor Standards Act (FLSA). Every minute of work deserves compensation, regardless of where that work takes place.

If you suspect you’ve been denied proper overtime pay for remote work, document everything, know your rights, and don’t hesitate to seek professional legal guidance. We focus on representing individuals in the areas of employment rights in New York and whistleblower rewards nationwide. With two experienced attorneys and a keen eye for quality, our small law firm is able to dedicate more one-on-one time to our hand-picked clients. Your hard work deserves fair compensation, no matter where your office happens to be.