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Asked about 4 years ago - Los Angeles, CA
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I work for a company from home. My manager require me to be available from
8 am till 5:30 pm and stay online on messenger so I can be reached anytime
they need me. However, when it comes to payment. They only pay me for hours
that I actually worked so my time sheet is itemized. and I need to add on
my time sheet that I spent 2 hours on this report. and 1.5 hours on another.
So my question is. Is it fair? I feel that I should be paid for my 8 hour
shift cause I reserve my time to them. and I cant use this time to do
anything else. Please help!!
Your company should
Draft a formal agreement about the hours and job duties associated with your working from home
Properly record the hours worked by a telecommuting employee
Accurately compensate telecommuters for all hours worked including overtime
Calculate wage/hours for varying situations such as travel, “wait-for-work”, mileage and other expenses
Develop a sound telecommuting policy that is FLSA compliant
It does not sound like it has done all these things. The company has a right to make you prepare time sheets, but if you are required to attend to an online instant messenger service between 8 and 5:30, then I would argue that you should be paid for all the hours. I suggest you contact our firm or another one that handles wage and hour issues. You may have a claim. I believe you would be best served by filing a claim at law.
The California Labor Commission handles claims for unpaid wages and overtime through the Division of Labor Standards Enforcement (DLSE). The DLSE offers an informal process for dealing with these claims. However, a court claim could be to your benefit. You could recover significantly more than what the Labor Commissioner could award you. The Labor Commissioner can not award you attorney fees, even if you win. If you are awarded attorney fees in court, it could offset any contingency fees that are due. This depends on your agreement with your lawyer. It is something to discuss with the attorneys you are interviewing regarding your case.
Under California law, you should be paid for the hours you actually work. You may wish to contact the Labor Commissioner about your situation. (See http://www.dir.ca.gov/dlse/dlse.html.)
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