Legal Question in Employment Law in Texas

Is it legal in Texas for my employer to require me to check/respond to work-related emails from home off the clock? Details: I am an hourly medical receptionist. I have worked for this company for almost two years. When I initially hired-on, this was not a requirement on any of my signed paperwork. I am now being asked to sign/agree to an updated job description. In it, one of the line items says "Reviews company emails throughout shift and at home as often as able". Nothing in the document states that I will be compensated for the time spent on this task. Some days there are a number of emails to review, and I have at times needed to spend 20-30 minutes going through all of it.


Asked on 6/09/14, 6:08 pm

1 Answer from Attorneys

Your employer can require you to work from home unless you work under a contract that says otherwise. However, so long as you are an hourly, non-exempt employee, your employer must pay you at least minimum wage for each hour that you work. I would encourage you to clarify this point with your employer before making the agreement. It may be that your employer plans to pay you but failed to clarify the point ahead of time. Either way, make sure you keep accurate records of the time you spend at home and work performing services for your employer and appropriately record all of that time however your employer accounts for work time.

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Answered on 6/09/14, 8:18 pm


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