The way that many people are going about work is a lot different than what they have been used to. Many are working from home and are able to carry out the same duties that they did when going to the work premises.
There are two sides to how advantageous this is to both parties and what could be the pitfalls.
On The Employer’s Side
There are concerns that their employees are really putting in the number of hours they are claiming. More important for those who are on a salary perhaps.
On The Employee’s Side
Some are saying they are finding they are working more hours when working from home then they did at their work establishment. Some statistics are showing that they may be working 10% more time.
Big Changes
With this new way of working it may be creating a totally different way to what was agreed upon in the standard work agreement. Referring to salaried employees who do not get paid overtime. Not unless this is something they had written into a work contract.
Overtime Hours
Those who are not salaried and have no overtime agreement are entitled to 1.5 times the wage they receive per hour. This is not cut and dry, however. It will differ per province as to when an employee becomes entitled to overtime hours.
For example, in Ontario, if more than 44 hours are worked in the work week then anything over and above this is subject to overtime pay. For federal employees any hours worked beyond eight in a day is entitled to overtime pay.
The Position
There are those who are classed as managers and are not entitled to overtime. When wage theft can be considered is when these managers are really lead hands and do the same work as the other employees. They really are not performing management duties.
Facing Reality
While an employee may be working more hours at home the duty to prove this is on them. Not an easy task as there is no real way to verify this. If the employee wanted to enforce this they could end up doing battles in court. An exercise that probably is not worth it.
A Solution
The best solution if you think wage theft is a possibility is to come to an agreement with the employer. Know what hours of work are expected to be done. If the job is demanding more hours then bring this to the attention of the employer. They then have the option of paying for the overtime needed or reducing the work load. Not to say that the employer may not decide to use this employee’s services if he or she is refusing the extra work without being paid the overtime. This comes down to decision making time.
The situation is rough all way around both on businesses and the people who work for them. If an agreement can be made then it serves everyone much better.
Another decision that has to be made very soon is when you are going to do your taxes. Tax season is upon us and if you need any assistance with this I would be happy to help.
