Texas Homeworkers/ Telecommuting laws & compensation compliance analysis

Texas Homeworkers/ Telecommuting: What you need to know

The Texas Department of Transportation acknowledges telecommuting as a means to address traffic congestion in the state. Also, several transportation programs and air pollution control programs at the city or county level support telecommuting programs.
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The North Central Texas Council of Governments offers assistance with telecommuting programs at http://www.nctcog.org or by calling 817-695-9240.
The Texas Commute Solutions Coalition of Central Texas, sponsored by the Capital Area Metropolitan Planning Commission, has a webpage on teleworking that gives tips on how to implement a telecommuting program and how to effectively communicate the benefits of telecommuting to employees. Go to http://www.commutesolutions.com.
Employees who work both on-site and at home. Under both federal and Texas law, an employer can have employees perform additional work from home and pay them on a piece-rate basis if that work earns them at least minimum wage. If an employee is working two separate jobs at different rates for the same employer, overtime is owed if the employee works a combined total of more than 40 hours in a workweek. The overtime should be calculated based on a regular rate of pay that is the weighted average of the rates for each job.
For example, if an employee works 30 hours at $10 per hour and 20 hours at $8.00 per hour, the weighted average is $9.20 (30 hours x $10 per hours + 20 hours x $8 per hour ÷ 50 hours). The overtime pay is $46 (1/2 of $9.20 per hour x 10 hours). Alternatively, the employer and employee may agree in advance that overtime will be paid based on the rate for the type of work that was performed during the overtime hours.
Standard homeworkers. A Texas law (TX Health & ...

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