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Employment Law/exempt employee working from home


I am an exempt employee, I normally work 50 hours a week in the office.  I frequently get emails with requests or work orders that I complete via email in my "off time" at home on my iPhone.  Sometimes I do call in when my children are sick, I can, due to the nature of my technical work, (network technician) do work from home.  As a matter of fact 90% of my job can be done offsite if necessary.  

I am looking for the Texas state law or Federal law that protects salaried exempt employees when they leave the office early but still work from home.  My work deducted a large amount with the last sickness that went through my family even though I worked the same 10 hours days at home doing everything I normally do at the office.

Salaried employees are exempt from the FLSA, that is why they are called exempt employees.  If you are working part of the day you need to be paid for the entire day whether you are working at work or at home. You need to keep record of the time you are working at home so you can prove you are working. You will need this if you need to file a department of labor claim. You should not have time deducted from your pay if you are working from home.

The company needs to understand you are exempt and not hourly. You are paid an annual salary to do a job. This annual salary is broken into equal payments through the year but you are not paid by the hour. As long as you are working and the job is being done you should be paid the same salary no matter where you are doing the work.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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