Is it legal to charge a client for 10 hours work when you only get paid for 8 but your company bills on time your on site

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to charge a client for 10 hours work when you only get paid for 8 but your company bills on time your on site

I am salaried and cannot charge my company more than 40 hrs a week but I’m on a project that works 60 hours a week. I was told I have to bill for the 60 but I think it’s fraus

Asked on April 6, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are two different issues here:
1) Does employee pay have to be related to what the company charges the client? No. The employer can charge at a much higher rate than is remitted to the employee,  charged at a fixed rate regardless of what work is done (as long as that was the agreement), or charge an administrative overhead or profit margin over employee billing, for example.
2) BUT the above is all "aboveboard": it's pursuant to the agreement between company and client. What the company cannot do--and so what employees should not knowingly help them do--is lie about the hours worked or work done. Intentional lies or misrepresentations can make employer and possibly (for knowingly helping) employee liable for fraud.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption