Employment Law Questions? Ask an Employment Lawyer.
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Are you paid a salary?
Are you paid as a 1099 or w2?
Do they treat all nurses this way?
do you feel they treat you this way due to your race, gender, age or national origin?
Do they pay you hourly?
Do they have a central office?
Do you go from home to the worksite?
The employer may be violating the FLSA, which is the Federal wage laws
Under the wage laws, an employer is not required to pay for commuting time,
but must pay for time you spend travelling from the office to a worksite,
mileage is not required, however you can deduct it from your taxes,
You are also required to be paid for mandatory meetings,
and for anytime spent in the office doing paperwork,
if you are not an exempt salary employee,
they have to pay you for all the time spent in the office doing work,
In terms of vacation TX, does not have any laws regarding vacation days, the law only states an employer has to pay overtime for employees who work over 40 hours per week
mandatory meetings have to be paid,
travel time is hours worked, if from the office to worksite,
not from your home to worksite,
that is commuting time,
(29 C.F.R. Â§ 785.38)
All time an employee spends traveling as part of his or her principal work activity, such as travel from job site to job site during the workday, must be paid as hours worked. For example, if an employee is required to report at your office first to receive instructions or pick up certain materials for work, the travel from the office to the assigned work site also counts as hours worked.
This is from the Federal law,
The employer can threaten you, as TX is an at will state,
If you travel from the office to a worksite, that needs to be paid,
The link above is the TX law on travel time as well,
if you were a salary exempt employee,
they can require you to work hours without overtime, and not have to pay any travel time,
if they are paying you by the hour, they have to pay you for all work time
a salary exempt employee is an employee paid a set weekly salary,
and the employees duties are considered professional,
such as a Doctor, or President,
since you are an hourly employee, it would not apply to you
If you are given a w2, then you are an employee,
if they are only paying you for a visit, they should be paying you a 1099 as a contractor,
if you are a w2 employee, they have to pay you as an employee,
If they want to pay you a w2, they have to treat you as an employee,
and they have to pay you for travel time, and mandatory meetings,
They also have to abide by overtime and minimum wage laws,
A staffing company should be paying you a 1099 if you are only paid for visits,
You need to file a complaint with the Texas DOL,
I see many violations of the law by the employer,
Texas Workforce CommissionLabor Law Department101 E. 15th StreetAustin, TXNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Toll Free (within Texas only):(NNN) NNN-NNNNbr/>TDD:(NNN) NNN-NNNNbr/>Relay Texas:(NNN) NNN-NNNNbr/>Web Address: http://www.twc.state.tx.us
Agency Description/Mission: The Labor Law Department of the Texas Workforce Commission administers the following two programs: the Texas Payday Law, and the Texas Child Labor Law. The Department also disseminates information on the Texas Minimum Wage Act.
Texas Labor Law InformationSummary of the Texas Payday LawHow to File a Wage ClaimWage Claim Process
Under the law, an employee is entitled to protections,
so you should file a complaint, and have them verify their practices,
Good luck, and if you have any further questions please do not hesitate to ask.
If satisfied please provide us with positive feedback. Thank you
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