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View Full Version : Overtime in Texas AND Certification for certain tasks


inkroar
10-27-2008, 11:46 AM
My fiance' is working for a small private Chriopractic practice. This is a nonexempt position, title of a Chiro. Aide / Tech. Pay is yearly 22,900. Hourly pay. She was told that she would be paid for 40 hours a week and that any time over that time is "voluntary" overtime. She would not get paid, however, they have a nice "night out to eat somewhere" as a bonus / gift for a job well done. About 10 people work there. She is told work starts at 8:30am however, she has to be in for 8:15 am to get ready for the day. She was written up for not being in at 8:15 on one occassion. They constantly have her working over past the time to leave.

Also, she was told to fly to another city for a monthly conference with the rest of the employees and would only be paid for the conference time and not the trip or the stay. Not sure if that sounds right either.

Also on a side note, she is required to provide X-ray's for the customers. She is not certified to do so and has stated on more than one occassion that she is not comfortable with this. They tell her "it's ok, it's easy." The simplicity is not the reason for concern. I don't think it is her place to perform a job that I believe requires some kind of certification. Could someone correct me if I'm wrong.

If something here seems fishy to anyone, please direct me to the correct location so as to get something done. I do not want her to get in trouble and also want her treated fairly.

Pattymd
10-27-2008, 12:30 PM
Fishy isn't the word for it. Illegal is the word for it.
http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.39.htm (overnight stay while traveling-next link is a same-day trip)
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.37.htm

She would file a claim with the Texas Workforce Commission. Texas law prohibits the firing or other disparate treatment of employees who report an alleged violation of law to the regulatory authority. This would include be required to perform medical services for which she is not trained and/or licensed.

Having said that, though, she may want to show the employer the links I provided. Maybe they just don't know any better. Or she might want to look for another job and wait to file until she's walking out the door. She just needs to remember that there is a statute of limitations for filing wage claims in Texas, minimum of 2 years at least, might be three.

Texas709
10-27-2008, 12:52 PM
is a statute of limitations for filing wage claims in Texas, minimum of 2 years at least, might be three.

It's actually 180 days from the due date of any claimed wages. :D:D

inkroar
10-27-2008, 01:14 PM
Ah - well I thought it didn't sound right to me.

She's actually looking and getting interviews to move on. However, the overtime is something I really didn't like.

Now then, what about the certification? The company, can it get in big trouble for that? I think they know what they are doing here. They just don't want to pony up for the correct certified employees to do the job.

Pattymd
10-27-2008, 01:21 PM
No idea, I'd recommend contacting the particular licensing board.

Texas I keep forgetting that Texas' SOL on claims is so much shorter than anybody else's. OP, federal SOL is 3 years though.

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