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OT expected to be worked but not paid for hourly employee TEXAS Texas

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  • OT expected to be worked but not paid for hourly employee TEXAS Texas

    My husband works as a W2 contractor for an engineering firm as a designer. He does not get paid for holidays or vacation and is an hourly employee paid every week.

    Lately, his boss has expected him to work more than 40 hours a week but only turn in 40. His terms of employment state that IF OT is worked he will get paid time and a half for anything worked over 40. His current project is not authorizing any OT pay.

    My question is, can they "expect" him to work more than 40 hours a week for no pay?

    On a holiday week he asked if he could work the extra 8 hours so his check would be a full 40. For Good Friday they said yes but they said no for Memorial Day. He was still expected to work 40 but only got paid for 32. The actual worked hours for that week was 40.

    I work for a staffing company and we would never ask our contractors to work for no pay. Is this company violating Texas labor laws?

  • #2
    If he is working OT, he should keep records of who requested he work it and when (date and time) they requested it. "On Tuesday, July 6, Bob Smith asked me to work four hours on Saturday". Then he should put the time on his time sheet and keep a copy before he turns it in.

    The asking is not the illegal part; the failure to pay for all time worked is the violation.
    Last edited by Pattymd; 07-06-2010, 06:39 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you for your response. He has been tracking the hours that he worked with no pay but he can not put it on his actual time sheet as this will violate their rule for no authorized OT. One of his co-workers DID put his OT on his time sheet and said they just flat out did not pay it.

      What is the next step for him addressing this violation? Understanding that in this economy he is thrilled to be working after being laid off for almost a year and would not want to risk retaliation.

      Comment


      • #4
        If he files a claim for unpaid wages with the TWC, he's protected under whistblower laws. My understanding is that Texas is pretty strict about retaliation against employees for reporting an alleged violation of law to the applicable regulatory authority.

        So he's not even getting straight-time? Can he go to HR? I'm sure they would want to know that they have a supervisor who may get the company into pretty bad trouble for instructing nonexempt employees not to record all their time worked.

        Here are some links you might want to get familiar with:
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.13.htm
        http://www.dol.gov/whd/regs/compliance/whdfs21.pdf
        http://www.twc.state.tx.us/news/efte...discharge.html

        However, if he's getting a W-2, he is an employee, pure and simple. I would suggest he not use the term "W-2 contractor" as it really has no legal meaning and could just muddy the waters.
        Last edited by Pattymd; 07-06-2010, 07:09 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          He is NOT even getting straight time for the hours worked over 40. He is not allowed to put it on his actual timesheet. The engineering company actually owns the contracting company who hired him to work there. Does that make a difference? Thank you for the information about TWC.

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          • #6
            I am sorry. I used the term w-2 contractor as a term to differentiate a 1099 contractor. He is just referred to as a contractor vs. direct hire.

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            • #7
              He's an employee, with the same rights as any other employee.

              It might make a difference as to whether or not there is anyone internally he feels he can go to, although it's clear they are in violation of the agreement. If not, he can just file the claim with the TWC. Internal reporting is not generally protected as "whistleblowing"; reporting to the TWC is.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Thank you for your help!!

                Comment

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