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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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I am a nurse paid hourly to see in home care clients. My company deducts 30 minutes per da

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I am a nurse paid hourly to see in home care clients. My company deducts 30 minutes per day from my time, with no explanation as to why. Lunch is on my own time. I'm finding my paychecks short every 2 weeks in various increments, ie, 7.15, 6.13, 8.58, 4.21, 3.82, and 2.12 hours per paycheck over the last 6 weeks. Is this legal, to deduct money and not pay me for my time worked?
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Did they give a reason they deduct the 30 minutes from case managers?
Customer: replied 4 years ago.

No.


My manual simply reads:


 


Travel Time


Payroll deducts 30 minutes from CM Visit each day.


 


But then it says:


 


You will be paid for the following activities:


Travel from CM home to client's home for CM visit


Travel from client A to client B; client B to client C; client C to physician; physician to local office; and/or client X to CM home.


Travel time for mandatory meetings


Mandatory Meetings includes: Clinical Orientation Training, Refresher Class, Soapier Workshop, CM DOL Training, CM Mandatory Meeting and Performance Evaluation completed in the office setting.

Do you work under a written contract of employment?
Customer: replied 4 years ago.

I was given a job description, to sign, regarding requirements of my job, 5 weeks into the job. It is NOT a contract. There are no benefits, no guarantee of any hours. No mention was made regarding daily deductions, until I questioned why my paychecks were coming up short. My first paycheck was 2.12 hours short, my second was 3.82 hours short, 3rd-4.21, 4th-8.58, 5th-6.13, 6th-7.15. After my second paycheck came up short, and I questioned why, I was given the manual to read, which simply stated Payroll would deduct 30 minutes daily.

Under your facts it isn't legal due to the Fair Labor Standards Act (FLSA) Sec. 785.13.

My guess it that their system is automated to deduct thirty minutes for a lunch period each day. That is only legal if the employer is actually taking a lunch period though. The employer is not allowed to charge you for the time if you didn't take the break.
Customer: replied 4 years ago.

What is my recourse?


 


On Memorial day I worked 5 hours and was only paid for 2.5.


 


Also, my boss reviews all my time sheets. The last one she reviewed, which contained the Memorial day hours, she told me I'm not allowed to work a holiday without prior approval. I only worked the holiday because she told me I had to see the client within 24 hours of discharge from the hospital, and she was discharged in the afternoon of Sunday, May 26. Her email to me stated: I left your time as is on this timesheet. The implication being, she can change my time sheet as she wishes. Is that legal?

You would need to file a complaint with the Department of Labor. They will assist you in recovering your money without charging you.
Customer: replied 4 years ago.

If they retaliate by firing me, because of my complaint, do I have any recourse to that?

Yes, you should. While normally an employer can fire an employee at will they can be held liable for damages if they do so because their employee files a complaint for wages.
Customer: replied 4 years ago.


Is there a phone number, contact person, particular department within the Department of Labor that I would contact, regarding my complaint?

The website is at http://www.labor.ky.gov/dows/doesam/Pages/Forms.aspx

Use the form for Employee Complaint (ES-8). Just follow the directions and mail it in and they will take care of it for you.
Dwayne B. and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.


Thank you for your time and answers. You confirmed what I felt was correct.


 


 

Thank you for the Positive Rating. If I can be of any further assistance to you in the future please feel free to come back and ask for me. You can do that by starting your question with "FOR JD 1992"and I'll pick up as soon as I see it. I am online for at least a few minutes almost every day.