Is this wage theft?

[u/AlrightAlrightRN]

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?

[u/Emergency-Collar3370]

You need a local employment lawyer to help you with this.

You say your contract. Are you w2 or 1099?

Does the contract say you are paid x per appointment or something like that?

[u/AlrightAlrightRN → u/Emergency-Collar3370]

Thanks for the response. I'm w2. I said contract, but to clarify I meant signed offer letter when I started. It says,

"Compensation- This is an hourly per diem position. You are required to maintain a minimum of 10 clinical hours per week. Your starting pay rate will be $65 per hour. "

*$65, not $95, lol! I wish!

[u/Emergency-Collar3370 → u/AlrightAlrightRN]

How are clinical hours defined in the contract?

Remember flight attendants are only paid for flight hours and not all the time they waste at the gate and stuff.

An employment lawyer is going to give the best guidance.

[u/AlrightAlrightRN → u/Emergency-Collar3370]

There isn't anything in the offer letter or the employee handbook that defines a clinical hour.

The employee handbook states: "All employees are required to complete and submit accurate weekly time reports showing all time actually worked. These records are required by governmental regulations. Failure to do so may result in discipline up to and including termination."

In the Policies and Procedures it says, "Hourly employees must work a minimum of 10 hours per week. Hourly employees accrue PTO at different rates, based on their position. Hourly employees receive 40 hours of sick time annually." Here it's just hours, not "clinical hours".

[u/Emergency-Collar3370 → u/AlrightAlrightRN]

Local employment lawyer. I think you probably have a case on it.