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Hour Deducting Hours From Hourly Employee California

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  • Hour Deducting Hours From Hourly Employee California

    My situation, I believe, may be unique. I work as a paralegal in a small law office. I am employee of the firm, I have medical benefits, and so forth. However, I am paid hourly for billable hours. Every month I submit my hours billed. Every month, my boss, the owner of the firm, deducts anywhere from 2 to 20 hours from the hours that I have submitted as being billed. I am then paid on the basis of the hours billed minus my boss' deductions. She does this sometimes because we have gone over the budget for a particular matter, or because she believes I put too much time on a particular project or because the client's bill too large and she does not think the client will pay that large a bill.

    This situation just does not sound right. I have tried to do the research myself, but I have not been able to find anything that covers this type of situation. Since my boss is a lawyer, I want to be very careful about what I say about something being "against the law."

    Can my boss do that? Can she willy-nilly take hours off what I have billed and pay me accordingly?

    Thanks.
    Last edited by smtaber; 10-08-2007, 04:02 PM.

  • #2
    You are being paid hourly, so any question of you being non-exempt is out the window, save for some professional employees (lawyers, not paralegals) that are exempt AND paid hourly.

    Accordingly, you must be paid for all hours worked.

    If your boss cannot bill all of your work hours to the clients, that is her problem and not necessarily yours.

    She can discipline you if you are failing to get jobs done in a timely manner. She could also cut your rate of pay in the future. She cannot refuse to pay you for time worked.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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