Legal Question in Employment Law in Texas

unpaid for hours worked

My spouse is a nurse practicioner working for a doctor in private practice. She has worked there for 9 months. She does not have a contract (even though one was discussed and promised) and is paid hourly ($39/hr). She does not receive pay for hours she does not work. Regularly (every day) she works 1-3 hours more than she is scheduled to work due to walk in patients, double booking, etc. She only receives pay for the hours she is scheduled (e.g., scheduled 8-1, works 8-3, gets paid for 8-1). This seems not only unethical but must be illegal. She is still billing patients / insurance companies for the off the clock hours she works. Is she an exempt employee? Or, an hourly employee who must be compensated for each hour worked? What are her options?


Asked on 3/09/07, 10:11 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: unpaid for hours worked

She needs to prepare her billing for hours she has not been paid..and she is entitled to time and a half for all over 40 hours...try to work it out..as she should have brought this to her employer promptly..then no misunderstanding..You could then hire a lawyer..BUT expect to lose the job..unless common sense talk is engaged in now..Have you ever thought that your wife wants the job and may have talked to her boss about this..and they have an understanding as $39 an hour is very well paid

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Answered on 3/10/07, 9:32 am


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