Legal Question in Employment Law in Texas
working without pay?
as an employee of a private ambulance service, we work 24 hour shifts for which we are compensated only 20 hours. the hours of 1 - 5 am are designated as sleep hours, although we are required to remain at a company facility on continous call. we are paid for hours actively worked during these hours only. is this legal?
also, the company does not submit claims for at fault accidents to an insurance provider, however it withholds the cost of repairs from the employees pay. is this legal?
these practices with minor variations are routine practice for private ambulance providers in this region. this has impact on hundreds of employees. thank you.
2 Answers from Attorneys
Re: working without pay?
If you are on call, you should be paid, and you may be entitled to overtime pay. In addition, the insurance practice appears questionable. You should contact an attorney skilled in wage and hour matters.
Re: working without pay?
The Fair Labor Standards Act requires that the time spent waiting while on-duty is compensable. This is especially true if the on call time is spent on the employer�s premises. Fire fighters and emergency medical personnel have been found to be entitled to overtime pay for the entire on-call period where the on-call period was spent at home. Gather your time records and talk to an employment attorney to verify if you are exempt from F.L.S.A.
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