Should nonexempt employees be paid for travel time?
Temporary labor is on the rise in Texas and nationwide. Unfortunately, this has led to an increased number of reports of temporary workers not being paid appropriately. In some cases, noncompliance is the result of misunderstandings of the law. In others, it may be the result of intentional action to reduce money paid out for overtime.
According to an article in the Washington Post, the Department of Labor’s Wage and Hour Division recently released information detailing the responsibilities of employers that contract with staffing agencies for temporary workers. This information clarifies the obligations of employers under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and also explains the joint employment relationship created in many of these situations.
Joint employment is defined as when two business entities share control or supervision of an employee. There can be vertical joint employment, in which the employer contracts with the staffing agency that provides temp workers. There can also be horizontal joint employment, in which two subsidiaries of the same company may employ a temporary worker. Horizontal joint employment in particular can lead to pay issues, as hours may be tracked separately and the employee may not be paid overtime as required by law.
What This Means For Temp Workers
As the Washington Post article points out, this release from the Department of Labor can be seen as a warning shot to businesses that outsource temporary workers, as well as the staffing agencies they contract with. They are going to be held accountable if workers are not compensated fairly for the hours they put in.
Temporary workers who put in more than 40 hours a week may be entitled to overtime pay. If you have worked overtime for which you have not been paid, you may want to discuss your case with an experienced employment law attorney. You may be able to file a claim to get compensation for unpaid overtime.
Attorney Glenn D. Levy has decades of experience handling employment law claims. In a free consultation, he can determine if you are eligible for overtime pay as a temporary worker. If you are, he can help you pursue compensation for unpaid overtime.
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