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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 34512
Experience:  Employment Law Expert
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My employer has two part time employees. We are paid differently-

Customer Question

My employer has two part time employees. We are paid differently- I am not talking about rate of pay. That's my employers choice. However, I am only paid for billable time while the other person is paid from the time she leaves her home until she completes work. I am paid a pre-set amount of travel time based on where the employer lives which is 15 miles from me. I am not paid for all the time I spend answering her many text messages and phone calls and I am only paid for 12 minutes to document my patient visits and it takes much longer than that. The other person, again , is paid for all the time she works whether seeing patients, driving or documenting. Is it legal for there to be such different methods of calculating hours worked? I did not have a signed contract.
Submitted: 2 years ago.
Category: Employment Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
This is legal PROVIDED that the reason for the difference is NOT based on a protected status (such as age, gender, race, religion, national origin, etc).
An employer is free to have different compensation schemes between employees. However, they are prohibited from disparate treatment based on a a protected status.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.