Fort Worth, TX asked in Employment Law for Texas

Q: Is it legal for an employer to not pay workers that are working from home due to COVID who’s system is not working?

Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert

A: Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you weren't able to clock in. If you still performed work on these days, you must be paid for it. If not, your employer need not pay you during this time.

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