Legal Question in Employment Law in California

I am paid hourly based on how many patients I treat for therapy in a day, but i am also a full time employee with benefits. My supervisor designates how many hours I am to work each day by making the schedule the day before. There are changes each morning to the schedule made the previous day due to new patient admissions and patients being discharged, and I bill for my time accordingly. However, if those changes aren't written on her paper master schedule and only recorded in the computer, she will decrease my time by changing my "clock out" time so my total hours for the day match her schedule and not my actual billing paperwork. One of her duties is to maintain the schedule. So if I don't change the master schedule for her, she changes my time clock hours without notifying me. Can she alter my time without notifying me? And can she alter it if she does notify me even if I was at work during the whole time I was clocked in?


Asked on 10/29/12, 4:41 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You must be either hourly, or salary, or commissioned, but not an undefined mixture of them. If you are required to clock in and out, then are assigned various work, you are hourly, and must be paid for the time you work. The company is not allowed to change your time card to suit them.

If you have not been paid all your time worked, you appear to have a claim for unpaid compensation, plus interest and penalties, and attorney fees if you win your case in court.

You can file suit or start a claim with the Labor Commissioner. If serious about hiring counsel to help you, feel free to contact me.

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Answered on 10/30/12, 9:20 am


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