As a W-2 employee, is it legal for a company to NOT pay you for the hours you are clocked in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As a W-2 employee, is it legal for a company to NOT pay you for the hours you are clocked in?
I am a Massage Therapist and I work for
a Franchise Massage company.
I am a W-2 employee and for thirteen
years I have only gotten paid for the
‘hands on massage hours’ not the hours
that I am there, clocked in.
Is this legal, am I obligated to be
reebursed for past hours?
Asked on July 13, 2017 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Whether or not you are actually engaged in your work, any time that your employer requires you to be at their palce of business is considerd to be compensable work time. And an employee must be paid for all time worked. Accordingly, you are entitled for back pay. At this point, you can either contact a local employment law attorney and/or file a claim with your state's department of labor and file a wage complaint.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
What you describe is NOT legal: an hourly employee must be paid for all hours worked, which includes *all* hours when he or she is required by the employer to be at the place or location of business, even if he or she is not actually doing work at the moment. The fact that your employer requires you to be at work makes it work, no matter what you are doing.
You are entitled to back pay, but not necessarily for the whole time of your employment, if you have been there for a while: for no more than the last two years.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.