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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15641
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I work for a staffing company as a field nurse. I see home

Resolved Question:

I work for a staffing company as a field nurse. I see home health patients. However, I do not get paid travel time, mileage, and only get paid by visit. My issue is that I have only been allowed one day off in 76 days. If I ask off I am threatened with replacement. I have to attend mandatory meetings, which I am not paid for, and finish paperwork in office , which I am not paid for, or I have to finish it at home, again unpaid for any of the time. I live in Texas. Is there anything I can do about this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Are you paid a salary?

wallstreetfighter :

Are you paid as a 1099 or w2?

wallstreetfighter :

Do they treat all nurses this way?

Customer: I am not paid salary, I am paid as W2, and no they don't treat anyone else this way.
wallstreetfighter :

do you feel they treat you this way due to your race, gender, age or national origin?

Customer: No
Customer: Hello?
wallstreetfighter :

Yes,

wallstreetfighter :

Do they pay you hourly?

Customer: No. By visit and I travel a lot.
wallstreetfighter :

Do they have a central office?

wallstreetfighter :

Do you go from home to the worksite?

Customer: Yes they have a central office and I sometimes go from home to worksite but most of time I go to office first.
wallstreetfighter :

The employer may be violating the FLSA, which is the Federal wage laws

wallstreetfighter :

Under the wage laws, an employer is not required to pay for commuting time,

wallstreetfighter :

but must pay for time you spend travelling from the office to a worksite,

wallstreetfighter :

mileage is not required, however you can deduct it from your taxes,

wallstreetfighter :

You are also required to be paid for mandatory meetings,

wallstreetfighter :

and for anytime spent in the office doing paperwork,

wallstreetfighter :

if you are not an exempt salary employee,

wallstreetfighter :

they have to pay you for all the time spent in the office doing work,

Customer: What about paying for mandatory meetings. I don't get salary just pay per visit. Nothing else
Customer: Is this applicable in Texas?
wallstreetfighter :

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

wallstreetfighter :

mandatory meetings have to be paid,

Customer: But travel time is not hours worked?
wallstreetfighter :

travel time is hours worked, if from the office to worksite,

wallstreetfighter :

not from your home to worksite,

wallstreetfighter :

that is commuting time,

Customer: What about threatening to replace me if I ask for a day off. I feel one day off(on stand-by) in 76 days is a bit much. Am I wrong?
Customer: That is good for me. I don't mind going to office first but, if I go to office first and am gone seeing patients for 8 hours and then return to office, is that all commuting time?
wallstreetfighter :

(29 C.F.R. § 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.

wallstreetfighter :

This is from the Federal law,

wallstreetfighter :

The employer can threaten you, as TX is an at will state,

wallstreetfighter :

If you travel from the office to a worksite, that needs to be paid,

Customer: Even if I am not considered a " full- time" or salaried employee? Just want to be clear and understand.
wallstreetfighter :

The link above is the TX law on travel time as well,

wallstreetfighter :

Yes,

wallstreetfighter :

if you were a salary exempt employee,

wallstreetfighter :

they can require you to work hours without overtime, and not have to pay any travel time,

Customer: I don't understand salary exempt. Sorry
wallstreetfighter :

if they are paying you by the hour, they have to pay you for all work time

wallstreetfighter :

a salary exempt employee is an employee paid a set weekly salary,

wallstreetfighter :

and the employees duties are considered professional,

wallstreetfighter :

such as a Doctor, or President,

wallstreetfighter :

since you are an hourly employee, it would not apply to you

Customer: I don't get paid hourly. Just by visit. I am an RN.
wallstreetfighter :

If you are given a w2, then you are an employee,

wallstreetfighter :

if they are only paying you for a visit, they should be paying you a 1099 as a contractor,

wallstreetfighter :

if you are a w2 employee, they have to pay you as an employee,

Customer: They don't and they take taxes out of my pay. I understand as a contract employee they don't take taxes out and do not have to reimburse for any mileage etc. because I am contract. This is where I am confused because they take taxes out, and I'm not ( to them) a full time employee.
wallstreetfighter :

If they want to pay you a w2, they have to treat you as an employee,

wallstreetfighter :

and they have to pay you for travel time, and mandatory meetings,

wallstreetfighter :

They also have to abide by overtime and minimum wage laws,

wallstreetfighter :

A staffing company should be paying you a 1099 if you are only paid for visits,

wallstreetfighter :

You need to file a complaint with the Texas DOL,

wallstreetfighter :

I see many violations of the law by the employer,

Customer: Ok. I understand. Thank you so much. This makes it easier to understand. I appreciate all your help.
wallstreetfighter :

Texas Workforce Commission
Labor Law Department
101 E. 15th Street
Austin, 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 Information
Summary of the Texas Payday Law
How to File a Wage Claim
Wage Claim Process

wallstreetfighter :

Under the law, an employee is entitled to protections,

wallstreetfighter :

so you should file a complaint, and have them verify their practices,

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback. Thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15641
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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