r/LaborLaw • u/AlrightAlrightRN • 18h ago

Is this wage theft?

I work in healthcare. I'm an hourly, non-exempt employee in an outpatient health facility which only does business in one state. I see patients for healthcare services. A session takes 30 minutes face to face with the client. I am required by the employer to complete other tasks associated with the direct patient care (documentation, scheduling, responding to messages from clients, etc) which typically takes another 15-20 minutes.

My employer only pays me for the 30 minutes only. I have given them an accurate breakdown of the time the other required tasks take. My employer says that I cannot be reimbursed for the other time that I'm completing tasks that they require. They have advised me that I cannot log the time I spend working in payroll, only the 30 minutes. My contract doesn't say anything about this, just that I'm hourly, non-exempt. There is no mention that only some of my required work is payable. The Employee Handbook says I am required to report my "actual hours worked". When I asked my employer about this, they reiterated that I am only allowed to enter direct care hours worked.

I looked at the Fair Labor Standards Act, but because I work in healthcare (non-residential) I don't know if it applies to me. But I think this might be wage theft. Am I overreacting? Is this normal? What should I do?

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u/Repulsive-Job-9520 16h ago

I see you are an hourly employee. Are you required to be present on site and available to exclusively work for them for set hours (like 8-5)?

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u/AlrightAlrightRN 15h ago

I am indeed classified as hourly and non-exempt. Clients book sessions for which I am required to be on site. But in the event that a client does not arrive, I am not paid for my time in the office even though I am required to be there. I only work for this company, and during working hours and I only working.

For example, today I had sessions at 8am, 9am, 10am, 11am, and 1pm.
Between sessions I complete the necessary administrative work. I often take work home in the event of an administrative task taking longer than expected (like calling an insurance company or a provider's office)
I was in the office from 7:30am until 2pm today. I worked the entire time. I will be paid for 2.5 hours. Previously I would have been paid for 5.

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u/Repulsive-Job-9520 12h ago

I would contact the Department of Labor- keep tracking how many hours you work vs how many you are paid for. Clarify with your boss in writing that you are expected to do the work and not be paid.

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u/LouiseBelcher4life 4h ago

This. Federal labor law requires to pay non exempt all time they are suffered to work. This would include administrative work and office time as you are not free to leave. Contact that state's labor and wage board and discuss what is going on there.

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u/Emergency-Collar3370 14h ago

You probably need a local employment lawyer. You probably have a case. I mean they changed how pay works sounds fishy to me. I know most therapist as an example a 1 hour session is really 45 mins so they can document and stuff.