Legal Question in Employment Law in Texas
time clock
I am amnurse home visitor. The agency I work for is wanting me to clock out when I leave the building to go to client visits. If I sustain some injury or have another situation while I am technically ''off the clock'' would this be considered my working hours?
2 Answers from Attorneys
Re: time clock
You have a larger concern. Under the FLSA (Fair Labor Standards Act) you are entitled, as a matter of law, to receive time and a half for all hours you work each week that are in addition to a normal 40 hour week. I am not sure that they can require to to "clock out" when you are on the road to see clients in furtherance of their business. Technically, I think you are still on the clock and entitled to your overtime. You may be entitled to back pay for a period of years to compensate you for this. I am very interested in learning more about your situation. Note that the employer cannot retaliate against you for if you were to raise your federal rights under the FLSA or it could be very costly for them. Email me directly at [email protected] to discuss further. I am not permitted to leave you my phone number on this website but am allowed to if you contact me directly at my email. Again, [email protected]. I look forward to hearing from you.
Ryan B. Bormaster
Re: time clock
probably consideered as in the course of employment if you do not go out of the way eg to stop at a store...
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