Definition of "hours worked" and fair compensation North Carolina

[macigirl1]

I am currently working for an agency as an hourly W-2 employee. When I was hired I was told I would receive an hourly rate, but then was later told I was only going to be paid per "billable" hour (meaning the agency will only pay me for the hours that I can bill for the clients that I see).

However, during each month the agency has MANDATORY meetings and supervisions that each employee MUST attend. These meetings are not paid or compensated for in any way. In addition, I work many hours (most weeks well in excess of 40 hours) completing administrative paperwork that is also mandatory for my position (client notes, treatment plans, insurance authorizations, etc). These administrative duties are required, and must be completed weekly, and there is a penalty if they are not completed by an agency-set deadline. The agency is community-based, which means I must drive into the community to meet with my clients. This is expected, and again no compensation for the hours spent or the mileage, etc. Basically, in any given week I work 30 "billable" hours, but actually work 50+ hours due to billable hours, required meetings, mandatory administrative work, and drive time.

My question is this: As an hourly employee (and not a independent contractor), is my employee legally obligated to pay me for the mandatory hours worked outside of the billable hours? I realize that drive time may not be covered; however, I believe that hours worked should equal hours paid (especially when the hours worked are required/mandatory hours that I MUST do in order to perform my job). I was unable to find an answer to this when I went to the NC Dept of Labor website.

Any help in answering this would be greatly appreciated!!! Thanks!!

[Pattymd]

Since you are being paid hourly, you are almost certainly a nonexempt employee and you must be paid for all hours worked, whether the hours are billable or not.

This includes mandatory meetings and training.
http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.27.htm

It also includes travel time during the work day, i.e., going from office to client, from client to client, from client to office.
http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.38.htm

It also includes all the administrative paperwork you are required to do.
http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.11.htm

Just to make sure, what type of work do you do?

[macigirl1]

Thanks for the information and the links! I work as a mental health counselor, so I do psychological counseling with individuals.

[Pattymd]

Unless you qualify under this specific exception,

An employee holding a valid license or certificate permitting the practice of law or medicine is exempt if the employee is actually engaged in such a practice. An employee who holds the requisite academic degree for the general practice of medicine is also exempt if he or she is engaged in an internship or resident program for the profession. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine.

the fact that you are paid on an hourly basis makes you nonexempt and everything I previously posted would apply.