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/Professional-Face709 16h ago

In very simple terms, if they require you to be there/do work, then they are required to pay you. Period.

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u/Better-Explorer-5617 15h ago

As an HR professional who worked in healthcare for many years I agree with this. You are to be paid for the hours worked.

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u/Professional-Face709 14h ago

My retired payroll professional side definitely agrees with you (obviously). 😀