The cost of tools, tool repair, or other similar requirements, may not be borne by the worker where such cost would reduce the wages paid below the required minimum wage or in any way reduce wages due for overtime hours. Overtime must be paid at one and one-half times the employee's regular rate of pay for each hour worked in excess of 40 hours in any workweek. The regular rate includes all remuneration for employment, such as piece rate earnings and commissions paid. When employing homeworkers, a separate homeworker handbook is required. These handbooks are available through Wage and Hour offices.
Employers are responsible for insuring that handbooks are completed as required.
The handbooks require homeworkers to also list business related expenses, such as equipment and supplies. In the case of clerical workers who may perform duties at home on only an occasional or sporadic basis, employers are not required to follow homework regulations. However, all hours, including the time worked at home, must be recorded and compensated as required by the FLSA for every employee. Employer fails to maintain required record of hours, production, etc., or fails to instruct the employee to record the required data in the DOL homeworker handbook. Employer fails to assure that homeworker paid on piece rate basis has earned the minimum wage.