Working from home has pitfalls when Internet is interrupted

DEAR CARRIE: My full-time job requires me to work from home. I work from 8 a.m. to 4 p.m. We have questioned our manager about what to expect when our work flow is interrupted by Internet server problems. The manager simply suggests that we sign off and resume work later. But that leaves a lot of questions unanswered, and I am particularly concerned because I have child and elder-care responsibilities that require my full attention after 4 p.m.

So would my work day end at 4 p.m., regardless of any time lost? And would the company have to pay me for downtime? If the company doesn't have to pay and I end my day at 4 p.m., can I be forced to use vacation time to cover the downtime? Lastly, am I entitled to overtime if I have to work past my normal quitting time? -- Remote Queries

DEAR REMOTE: Your concerns involve various aspects of labor law: scheduling, hours worked, paid time off and overtime.

First off, neither federal nor New York State laws regulate scheduling, with two big exceptions: certain child-labor provisions and New York's mandated day of rest for employees in certain industries, said employment attorney Carmelo Grimaldi, a partner at Meltzer, Lippe, Goldstein & Breitstone in Mineola.

"Thus, absent a contract provision stating otherwise, your employer may change your work hours without obtaining your consent, even if it adversely impacts your family commitments," Grimaldi said.

Being offline because of computer problems doesn't necessarily mean employees aren't still working, he said. If they are hourly and do other work, they have to be compensated.

"Such remote employees are often able to continue working by performing other tasks -- telephoning customers, reading client documents, responding to email messages," Grimaldi said. "These employees must be compensated during such times."

And interruptions that halt work for 20 minutes or less, whether because of a break or unplanned problems, are considered time worked, he said.

"So if your work is interrupted for 20 minutes or less because of an Internet glitch, you should be compensated for such time," he said.

For longer periods of inactivity, your waiting time might also have to be paid if your employer directs you to "stand by" and to resume work as soon as the computer/Internet problems are resolved. Many remote customer-service employees fall within this category.

"If, however, your employer advises you to cease working for periods lasting longer than 20 minutes once a problem occurs and otherwise places no restraints on your free time, such period of inactivity need not be compensated," he said.

Furthermore, if the company doesn't have to pay you for the downtime, it can require you to use accrued vacation time in order to cover that time, if your employer's paid time off policy has such a provision, he said.

Lastly, whether you qualify for overtime hinges on your duties. For example, if you are employed as an attorney who happens to work remotely, you are likely not entitled to overtime, as attorneys are considered "exempt" professionals, Grimaldi said.

"Assuming you are not exempt, your employer is only obligated to pay you overtime after 40 hours of work in a workweek," he said.

Your questions illustrate the pitfalls of working from home. That's why Grimaldi said that employer rules specifying what tasks employees must do while logged in or out are important.

For more on federal laws regarding overtime go to http://1.usa.gov/SWzvZo.